Tuesday, November 19, 2013
Supreme Court Split on Decision Not to Block Texas Abortion Law
SCOTUSblog: Texas abortion law left in effect, by Lyle Dennison:
Splitting five to four, the Supreme Court late Tuesday afternoon refused to block a Texas abortion law that critics say is forcing the closing of one-third of all clinics in the state. The Court had been studying the issue for the past week. The majority said that the challengers had not met the requirement for setting aside a federal appeals court’s order permitting the law to take effect on October 31.
The majority specifically included Justices Antonin Scalia, who wrote separately in a concurring opinion joined by Justices Samuel A. Alito, Jr., and Clarence Thomas. But Chief Justice John G. Roberts, Jr., and Justice Anthony M. Kennedy presumably voted with those three, because it would have taken five votes to act definitively on the plea by doctors and clinics when there were four Justices who wanted to block the law. . . .
Justice Stephen G. Breyer wrote for the four dissenters, including Justices Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor. . . .
The order and opinions are available here.