Jenner & Block

“On Abortion High Court Defers to Evidence, Not Legislatures,” Law360

In this article, Jenner & Block Associates Jessica A. Martinez and Jeremy H. Ershow examine implications of the US Supreme Court’s overturning of Texas House Bill 2 (HB 2).  The law would have shuttered a majority of the state’s abortion clinics.  In Whole Woman’s Health v. Hellerstedt, the Court held that both provisions of HB 2 are unconstitutional because each constitutes an undue burden on abortion access.  “Significantly,” the authors observe, “the Supreme Court’s decision sends a clear message that a claimed benefit to women’s health is not enough to sustain an abortion restriction; state legislatures must equip themselves with evidence, not just assertions, of a regulation’s health benefits.  The court’s fact-intensive analysis, however, means that the scope of the Roe right may still be open to attack.”  The authors were also on a team that filed an amicus brief in the case, urging the Court to strike down the law.