The U.S. Supreme Court heard the first controversial case that challenged Texas abortion case in almost a decade. The high court appeared divided as the justices argued on the contentious abortion case that would affect the lives of millions of American women. Justice Anthony Kennedy was the deciding vote that separates the American public and the court.
Eight justices heard the Texas Abortion's case instead of nine after the death of conservative Justice Anthony Scalia, who resisted abortion and supported its restrictions. This limited the number of justices who support restrictive abortion regulations. The contentious Texas' abortion case challenges the law that is restricting regulations in abortion doctors and clinics in the state. Kennedy gave little clue on how he would rule the decision. However, he suggested sending the case back to the lower court. At present, the Texas law obliges abortion doctors to have admitting privileges at a hospital within 30 miles of the clinic, according to The New York Times.
"A woman has a fundamental right to make this choice for herself," said Justice Ruth Bader Ginsburg, The Wallstreet Journal reports.
Meanwhile abortion providers claimed that Texas' abortion law has pushed clinics to close because affiliation is difficult for them to obtain. They said that the law made 22 out of the 41 clinics to be shut down. However, the statement of the abortion providers was questioned by the state. The state claimed that the law protects women's health. Texas' abortion law was passed in 2013 by Republican-controlled Texas legislature and signed by a Republican governor, Reuters claims.
CEO of Whole Woman's Health, Amy Hagstrom said, "This law is cruel and it is harsh and it does nothing to advance medical health for women."
As the Texas' abortion case was heard in court, the liberals, led by Justice Ruth Bader Ginsburg bluntly expressed her opposition to the law. Ginsburg debated why abortion providers needed costly, hospital-grade facilities. The conservative justices on the other hand were more considerate to the state. They asked whether the law really led the closing of a number of abortion clinics in Texas. Justice Samuel Alito argued that there's no enough evidence to say that the law pressed closures of clinics.
The first hearing on Texas' abortion case could end up a 4-4 decision with no legal precedent nationwide that would impose the measure to other states. However, the difficult hearing on the abortion case just means that since Scalia's death, the Supreme Court has no longer five justices that would oppose abortion.
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