Posted By Jenn

Today, the Supreme Court handed down another major decision. After they voted last week to protect affirmative action (yay!), but then were deadlocked on DACA and DAPA effectively killing the Obama Administration’s sweeping relief for undocumented immigrants (boo!), I wasn’t sure if I could take any more important SCOTUS decisions. Thankfully, the weekend offered a brief reprieve before today, when Justice Stephen Breyer announced the 5-3 majority opinion in Whole Woman’s Health v. Texas wherein the Court sided with reproductive health providers against the “undue burden” placed upon them by Texas legislators.
In the historic Roe v. Wade decision that first legalized abortion as a constitutionally-protected right, Supreme Court justices ruled that “abortion . . . is performed under circumstances that insure maximum safety for the patient.” However, in Planned Parenthood v. Casey, the majority of Supreme Court justices also established that “unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right [to access abortion procedures].” In Whole Woman’s Health v. Texas, the Supreme Court was challenged to decide whether newly passed regulations on the Texas’ abortion clinics — requiring that clinics have extra-wide hallways and that abortion providers have admitting privileges at local hospitals — posed an undue burden that unconstitutionally compromised abortion access for Texas’ women.
The regulations were passed in Texas as part of a concerted national effort by conservative anti-abortion activists and legislators to eliminate abortion access by enacting state-level Targeted Regulation of Abortion Providers (TRAP) laws. In essence, the anti-abortion movement seeks to disenfranchise women by enacting laws state-by-state that make the constitutional right to access abortion procedures so practically tedious as to be essentially inaccessible for the vast majority of women.
TRAP laws have been highly effective in limiting abortion access. Since 2010, the number of state-level anti-abortion laws passed each year as more than tripled. In that same span, 1 in 10 abortion clinics have been forced to shutter their doors leaving at least five states with only a single clinic to serve the entire state’s population.
Continue reading “Supreme Court Votes to Protect Abortion Access: Why It Matters for AAPI Women”