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28 June 2016 - US Supreme Court strikes down restrictions on abortion

Publié par Marion Coste le 28/06/2016

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Supreme Court Strikes Down Texas Abortion Restrictions
Adam Liptak (The New York Times, 27/06/2016)

The Supreme Court on Monday reaffirmed and strengthened constitutional protections for abortion rights, striking down parts of a restrictive Texas law that could have drastically reduced the number of abortion clinics in the state, leaving them only in the largest metropolitan areas.
The 5-to-3 decision was the court’s most sweeping statement on abortion since Planned Parenthood v. Casey in 1992, which reaffirmed the constitutional right to abortion established in 1973 in Roe v. Wade. It found that Texas’ restrictions — requiring doctors to have admitting privileges at nearby hospitals and clinics to meet the standards of ambulatory surgical centers — violated Casey’s prohibition on placing an “undue burden” on the ability to obtain an abortion.

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Legal limbo of the Deep South

Abortion Ruling Could Create Waves of Legal Challenges
Erik Eckholm (The New York Times, 27/06/2016)
From Texas to Alabama to Wisconsin, more than a dozen Republican-run states in recent years have passed laws requiring that abortion clinics have hospital-grade facilities or use doctors with admitting privileges at nearby hospitals.
Now, Monday’s Supreme Court ruling — that those provisions in a Texas law do not protect women’s health and place an undue burden on a woman’s constitutional right to an abortion — will quickly reverberate across the country.
It will prevent the threatened shutdown of clinics in some states, especially in the Deep South, that have been operating in a legal limbo, with Texas-style laws on temporary hold. But legal experts said the effect over time was likely to be wider, potentially giving momentum to dozens of legal challenges, including to laws that restrict abortions with medication or ban certain surgical methods.

Legal challenges

Supreme Court Abortion Decision Will Affect These States Next
Laura Bassett (The Huffington Post, 27/06/2016)
Now that the Supreme Court has struck down abortion restrictions in Texas that would have forced most clinics in the state to close, judges are likely to block similar laws in seven other states.
Six of those states — Alabama, Kansas, Louisiana, Mississippi, Oklahoma and Wisconsin — have laws being challenged in courts that require abortion doctors to have admitting privileges at local hospitals. The Supreme Court ruled 5-3 on Monday that the Texas version of that law is unconstitutional because the requirement is medically unnecessary and “places a substantial obstacle in the path of women seeking a pre-viability abortion.”
Tennessee also has three anti-abortion laws being litigated in the courts, and those cases were put on hold pending the outcome of the Supreme Court case. At least two of those laws — the admitting privileges requirement and a stipulation that most abortion clinics be turned into ambulatory surgical centers, or mini-hospitals — are likely to fall as a result of Monday’s ruling.
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Abortion in America: More complex than you think
AJ Willingham and Jen Christensen (CNN, 27/06/2016)
Abortion will always be one of those hotly debated and emotional issues. But if you think you have a good handle on the state of abortion in the U.S., you may be surprised by some of these stats.
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"28 June 2016 - US Supreme Court strikes down restrictions on abortion", La Clé des Langues [en ligne], Lyon, ENS de LYON/DGESCO (ISSN 2107-7029), juin 2016. Consulté le 20/07/2024. URL: https://cle.ens-lyon.fr/anglais/key-story/archives-revue-de-presse-2016/28-june-2016-us-supreme-court-strikes-down-restrictions-on-abortion