Congressional Digest

Supreme Court Debates April 2016 No. 4 Vol. 19
Lower Court Holding in Whole Women’s Health v. Cole

Regulating Abortion Providers

Women’s Health and the “Undue Burden” Standard

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Lower Court Holding in Whole Women’s Health v. Cole

Decision of the Fifth Circuit U.S. Court of Appeals

In 2013, the State of Texas passed HB2, which contained various provisions relating to abortions. HB2 has four primary provisions, of which the Plaintiffs challenge two. The first challenged provision requires a physician performing an abortion to have admitting privileges at a hospital within 30 miles of the location where the abortion is performed. We addressed an earlier facial challenge to this provision in Planned Parenthood of Greater Texas Surgical Health Services v. Abbott (Abbott II) (5th Cir 2014). The second provision requires all abortion clinics to comply with standards set for ambulatory surgical centers (ASC). Clinics had until September…

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