WASHINGTON — The Supreme Court on Tuesday blocked a federal appeals court ruling that was forcing many abortion clinics in Texas to close.
The Supreme Court’s order, which was five sentences long, will allow the clinics to remain open while appeals proceed.
On Oct. 2, the United States Court of Appeals for the Fifth Circuit, in New Orleans, provisionally let stand a Texas law that requires all abortion clinics in the state to meet the standards for “ambulatory surgical centers,” including regulations concerning buildings, equipment and staffing.
State officials said the law’s requirements were needed to protect women’s health. Abortion providers said the regulations were expensive, unnecessary and a ruse meant to put many of them out of business.
The Supreme Court vacated the part of the Fifth Circuit’s ruling that had let the surgical-center requirement go into effect. It also vacated a second part of the Fifth Circuit’s ruling, concerning the law’s requirement that doctors performing abortions have admitting privileges at a nearby hospital, as it applied to clinics in McAllen, Tex., and El Paso.
Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. said they would have allowed the law to be enforced.
Abortion rights advocates said the development would have immediate practical consequences.
“Tomorrow, 13 clinics across the state will be allowed to reopen and provide women with safe and legal abortion care in their own communities,” said Nancy Northup, president of the Center for Reproductive Rights. But she added that the Supreme Court’s order was an interim step, saying, “This fight against Texas’ sham abortion law is not over.”
The appeals court’s decision had left only eight clinics open in Texas, all clustered in metropolitan regions in the eastern part of the state. No abortion facilities were operating west or south of San Antonio.
“If the stay entered by the Fifth Circuit is not vacated,” lawyers with the Center for Reproductive Rights told the Supreme Court, “the clinics forced to remain closed during the appeals process will likely never reopen.”
The appeals court’s ruling, the center’s brief said, meant that “over 900,000 Texas women of reproductive age, more than a sixth of all such women in Texas, now reside more than 150 miles from the nearest Texas abortion provider, up from 86,000 prior to the enactment of the challenged act.”
In response, Greg Abbott, Texas’ attorney general and the Republican candidate for governor, told the justices that “it is undisputed that the vast majority of Texas residents (more than 83 percent) still live within a comfortable driving distance (150 miles)” of an abortion clinic in compliance with the law. Others live in parts of the state, he said, that did not have nearby clinics in the first place.
Those in the El Paso area, Mr. Abbott continued, could obtain abortions across the state line in New Mexico.
The appeals court, drawing on the Supreme Court’s last major abortion decision, said the law’s challengers had not shown that a “large fraction” of women seeking abortions would face an unconstitutional burden thanks to the law.
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The law in question, which includes some of the nation’s toughest abortion restrictions, was enacted last year by Texas’ Republican-led Legislature. Before it came into force, there were 41 medical practices licensed to provide abortions in the state.
The law was passed after a marathon filibuster that turned Wendy Davis, a Democratic state senator, into a national political star and set the stage for her campaign for governor.
In August, Judge Lee Yeakel of the Federal District Court in Austin ruled that the surgical-center rule imposed an unconstitutional burden on women seeking abortions. The number and location of the clinics it would effectively close, the judge wrote, burdened the exercise of a constitutional right for many women “just as drastically as a complete ban on abortion.”
Last November, the Supreme Court split 5-to-4 over whether to intercede in a separate case challenging the law, this one centered on the admitting-privileges requirement. In dissent, Justice Stephen G. Breyer said he expected the Supreme Court to agree to hear an appeal in that second case regardless of how the Fifth Circuit ultimately ruled.
A three-judge panel of the appeals court upheld the admitting privileges requirement in March. On Thursday, by a 12-to-3 vote, the full Fifth Circuit refused to reconsider that ruling. In light of Justice Breyer’s comment, Supreme Court review of the admitting-privileges case appears likely.