Morning Briefing
Summaries of health policy coverage from major news organizations
Texas Providers Left With Limited Routes To Challenge Abortion Law
The Texas Tribune: For Texas Abortion Providers, U.S. Supreme Court Ruling Feels Apocalyptic
Abortion providers and activists on Friday bashed the U.S. Supreme Court's decision to leave Texas' new abortion law in place, warning that it could force the closure of clinics across the state. Even though the providers' legal challenge can continue, the ruling failed to dismantle the ban's novel enforcement method that relies on citizens to file lawsuits against physicians and clinics suspected of performing the procedure after about six weeks of pregnancy. "Staying open is not sustainable if this ban stays in effect much longer," said Amy Hagstrom Miller, president and CEO of Whole Woman’s Health, which operates four clinics in Texas and is the chief plaintiff in the case before the Supreme Court. Hagstrom Miller said her chain has been operating at less than 30% of its income since the law went into effect. (Harper, 12/10)
Bloomberg: Supreme Court Leaves Texas Abortion Providers With Few Remedies
Texas abortion providers have few good options for challenging a state law that prohibits the procedure after six weeks of pregnancy following a U.S. Supreme Court decision that left the law in place, while allowing the underlying case to proceed. The law—known as S.B. 8—has virtually shut down abortions in Texas and is the most restrictive in the country. The legal challenge now presumably goes back to the U.S. District Court for the Western District of Texas, where it originated. (Pazanowski, 12/11)
NPR: Supreme Court Refuses To Block Texas Abortion Law As Legal Fights Move Forward
In a fractured opinion, four of the court's conservatives--Trump appointees Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, plus Justice Samuel Alito left the providers a single tenuous route to challenging the law. Justice Clarence Thomas went further, saying that in his view, the providers could not challenge the law at all. And Chief Justice John Roberts, joined by the court's three liberals, would have allowed a full throated challenge to the law to go forward. (Totenberg, 12/10)
KHN: Split Supreme Court Leaves Texas Abortion Law In Effect, But Says Providers May Sue
In the second-most anticipated abortion case of the year, eight justices on the U.S. Supreme Court ruled Friday that abortion providers can challenge a Texas law that has effectively banned most abortions in the state since it was allowed to take effect in September. But the court also ruled that the federal Justice Department could not intervene in the dispute, and it refused to block the law for now. Nonetheless, the justices were sharply divided in their opinions on the case. The majority opinion in the Texas decision, Whole Woman’s Health et al. v. Jackson et al., did not directly address the fate of abortion rights in the United States. Rather, the conservative, anti-abortion majority on the court is expected to take on that larger question in a separate case out of Mississippi that was argued Dec. 1. (Rovner, 12/10)
The Texas Tribune: Texas Abortion Opponent Mark Lee Dickson Emboldened By Supreme Court Ruling
Mark Lee Dickson bounded on stage at FountainGate Fellowship in this West Texas town Sunday as the worship band wrapped up their first song. “We had a very important day on Friday,” Dickson said to the rapt crowd, referring to the U.S. Supreme Court ruling on Texas’ ban on abortions after about six weeks of pregnancy. He let the suspense hang for a moment. “But I’m here to tell you — the Texas Heartbeat Act is still in effect.” The congregation exploded into cheers and applause as Dickson grinned. “Let’s praise God for that,” he said. (Klibanoff, 12/12)
In related news from California —
Los Angeles Times: In Texas Response, Newsom Calls To Restrict Assault Weapons
After the U.S. Supreme Court declined to block a Texas state law that bans most abortions there, Gov. Gavin Newsom said he’ll push for a new California law that deters the manufacture and sale of assault rifles in the state. In a statement Saturday night, the governor said he was outraged by the court’s failure in a decision Friday to enforce longstanding constitutional protections in favor of abortion rights. (Dillon, 12/11)
