Marie Claire Marie Claire
  • Celebrity
  • Fashion
  • Beauty
  • Culture
  • Power
  • Nice Talk
  • Fashion Month
  • More
    • Politics
    • Career & Money
    • Health & Fitness
    • Power Play
    • Travel
    • Promo Codes
    • Food & Cocktails
    • About Us
    • Subscribe
    • Sex & Love
  • Newsletter SIGN UP TO OUR NEWSLETTER
  • Marie Claire
    Marie Claire Newsletter

    Celebrity news, beauty, fashion advice, and fascinating features, delivered straight to your inbox!


    By submitting your information you agree to the Terms & Conditions and Privacy Policy and are aged 16 or over.

    You are now subscribed

    Your newsletter sign-up was successful


    Want to add more newsletters?

    Marie Claire Daily

    Delivered daily

    Marie Claire Daily

    Get exclusive access to fashion and beauty trends, hot-off-the-press celebrity news, and more.

    Marie Claire Self Checkout

    Sent weekly on Saturday

    Marie Claire Self Checkout

    Exclusive access to expert shopping and styling advice from Nikki Ogunnaike, Marie Claire's editor-in-chief.

    Maire Claire Face Forward

    Once a week

    Maire Claire Face Forward

    Insider tips and recommendations for skin, hair, makeup, nails and more from Hannah Baxter, Marie Claire's beauty director.

    Livingetc

    Once a week

    Livingetc

    Your shortcut to the now and the next in contemporary home decoration, from designing a fashion-forward kitchen to decoding color schemes, and the latest interiors trends.

    Homes & Gardens

    Delivered Daily

    Homes & Gardens

    The ultimate interior design resource from the world's leading experts - discover inspiring decorating ideas, color scheming know-how, garden inspiration and shopping expertise.


    An account already exists for this email address, please log in.
    Trending
    • Matthieu Blazy
    • Two-Piece Outfit Formulas
    • Witchy Perfumes
    • The Smart Spend
    • Being Black at Bravo
    1. Politics

    The 5 Most Epic Lines from the Supreme Court Abortion Ruling

    Here's how SCOTUS made their decision.

    Kayla Webley Adler's avatar
    By Kayla Webley Adler
    Published 27 June 2016 In News

    When you purchase through links on our site, we may earn an affiliate commission. Here’s how it works.

    Pro-choice protestors
    (Image credit: Getty Images)
    • Facebook
    • X
    • Pinterest
    Share this article
    Join the conversation
    Follow us
    Add us as a preferred source on Google
    Subscribe to our newsletter

    On Monday, the Supreme Court handed down a major decision in the fight for reproductive rights. In a 5-3 decision, the court struck down the Texas law known as HB2, which required abortion clinics to maintain the standards of ambulatory surgical centers and abortion doctors to have admitting privileges at nearby hospitals. The question before the court was whether such restrictions imposed an "undue burden" on women seeking to exercise their constitutional right to access abortion.

    Here are five key lines from the majority opinion, written by Justice Stephen Breyer, that show how SCOTUS reached its decision:

    1. "When directly asked at oral argument whether Texas knew of a single instance in which the new requirement would have helped even one woman obtain better treatment, Texas admitted that there was no evidence in the record of such a case."

    Latest Videos FromMarie Claire
    Watch full video here:

    The "new requirement" referenced in the line above refers specifically to the provision that doctors performing abortions at clinics have admitting privileges at hospitals within a 30-mile radius. Defenders of Texas' law often say such requirements are necessary to "maximize patient safety," but when asked directly to prove that was true—to show a woman's life had been saved or lost or even compromised because a doctor did or didn't have such privileges—the state was unable provide any evidence. As such, the court "found nothing" to show that the new law "advanced Texas' legitimate interest in protecting women's health."

    2. "Abortions taking place in an abortion facility are safe—indeed, safer than numerous procedures that take place outside hospitals and to which Texas does not apply its surgical-center requirements."

    You may like
    • lisitng Anti-Trans Legislation Isn't About "Protecting Girls"—It's About Distracting Us From What Matters
    • a split image of author carola lovering wearing a black blouse and posing outside in front of a tree opposite the cover of her thriller novel whiteout Four Years Ago, a Tragedy Stayed With Me. Then I Wrote a Novel.
    • A portrait of Jessica Tarlov seated outdoors in a teal pantsuit. Fox News’s Favorite Nasty Woman

    Here, Breyer refers to the requirement that abortion clinics maintain the hospital-like standards of ambulatory surgical centers. Proponents say such standards—which stipulate things like the minimum dimensions between cabinets, counters, and shelves—are necessary to ensure patient safety. But, the court notes, Texas allows other medical treatments that carry a much higher risk to take place outside of such settings. Childbirth, Breyer notes, is "14 times more likely than abortion to result in death and yet Texas law allows a midwife to oversee childbirth in the patient's own home." Similarly, "colonoscopy, a procedure that typically takes place outside a hospital (or surgical center) setting, has a mortality rate 10 times higher than an abortion."

    Add to that the fact that abortion is an incredibly safe medical procedure. Between 2001 and 2012, the total number of deaths in Texas from abortions was five. That's roughly one death every two years, or one out of about 120,000 to 144,000 abortions. Underscoring this point in her concurring statement, Justice Ruth Bader Ginsburg writes: "Texas argues that HB2's restrictions are constitutional because they protect the health of women who experience complications from abortions. In truth, 'complications from an abortion are both rare and rarely dangerous'."

    Marie Claire Newsletter

    Celebrity news, beauty, fashion advice, and fascinating features, delivered straight to your inbox!

    By submitting your information you agree to the Terms & Conditions and Privacy Policy and are aged 16 or over.

    3. "Healthcare facilities and medical professionals are not fungible commodities. Surgical centers attempting to accommodate sudden, vastly increased demand…may find that quality of care declines."

    In its arguments before the court in March, Texas suggested that, though its law had shuttered at least 30 abortion clinics, the seven or eight remaining clinics could expand to provide care for thousands of additional patients. "Fundamentally, in the face of no threat to women's health, Texas seeks to force women to travel long distances to get abortions in crammed-to-capacity superfacilities," Breyer wrote. But doing so, he adds, could mean patients are less likely to get the kind of "individualized attention, serious conversation, and emotional support that doctors at less taxed facilities may have offered." So, in essence, the court found that the requirements that Texas claims are absolutely necessary to protect women's health may in effect have the exact opposite result.

    Which leads us to the final decision…

    What to read next
    • Gloria Steinem and guests at the endometriosis talking circle at her home in July 2026 What's the One Word You Associate With Endometriosis?
    • Prada SS27 collection Prada Spring 2027 Puts the Skirt Center Stage
    • A photo of Nikki Ogunnaike with an inset photo of Melinda French Gates and text reading Money. Power. Style. Nice Talk with Nikki Ogunnaike Melinda French Gates Wants to End One of Medicine's Biggest Blind Spots

    4. "We conclude that neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes. Each places a substantial obstacle in the path of women seeking a pre-viability abortion, each constitutes an undue burden on abortion access...and each violates the Federal Constitution."

    Thus, the burden HB2 places on women seeking abortions is undue. Breyer echoes this sentiment later in the opinion, writing, "The provisions are unconstitutional on their face."

    And further, because Notorious RBG always deserves the last word, here is her scathing conclusion:

    5. "It is beyond rational belief that HB2 could genuinely protect the health of women, and certain that the law 'would simply make it more difficult for them to obtain abortions.'"

    Mic drop.

    Follow Marie Claire on Facebook for the latest celeb news, beauty tips, fascinating reads, livestream video, and more.

    Explore More
    law Supreme Court of the United States
    Kayla Webley Adler
    Kayla Webley Adler
    Social Links Navigation

    Kayla Webley Adler is the Deputy Editor of ELLE magazine. She edits cover stories, profiles, and narrative features on politics, culture, crime, and social trends. Previously, she worked as the Features Director at Marie Claire magazine and as a Staff Writer at TIME magazine.

    Read more
    a split image of author carola lovering wearing a black blouse and posing outside in front of a tree opposite the cover of her thriller novel whiteout
    Books Four Years Ago, a Tragedy Stayed With Me. Then I Wrote a Novel. With Lindsay Clancy and other postpartum mothers on my mind, I sat down to write what would become 'Whiteout.'
    By Carola Lovering
    A portrait of Jessica Tarlov seated outdoors in a teal pantsuit.
    Politics Fox News’s Favorite Nasty Woman
    By Noor Ibrahim
     
     
    A photo of Nikki Ogunnaike with an inset photo of Melinda French Gates and text reading Money. Power. Style. Nice Talk with Nikki Ogunnaike
    Culture Melinda French Gates Wants to End One of Medicine's Biggest Blind Spots "Our health system got set up for men," the philanthropist says. And it's affecting women's health throughout their lives.
    By Lia Beck
    Prada SS27 collection
    Fashion Prada Spring 2027 Puts the Skirt Center Stage
    By Sara Holzman
     
     
    Latest in Politics
    a split image of author katya suvorov posing resting her chin on her hands and the cover of her memoir ungrateful immigrant daughter featuring a baby photo
    Books The Moment I Realized My Mom Was a Mail-Order Bride
    collage of gloria Steinem
    Politics Gloria Steinem "Passes Away Peacefully" at 92
     
     
    Black-and-white three-panel collage of mothers holding and cuddling their babies.
    Politics We Asked Women to Share Private Texts, Searches, and Notes From Their Darkest Postpartum Days
    A portrait of Jessica Tarlov seated outdoors in a teal pantsuit.
    Politics Fox News’s Favorite Nasty Woman
     
     
    Latest in News
    Gigi Hadid wore the mesh Mary Janes trend for fall after the Miu Miu show at Paris Fashion Week
    Celebrity Style Yes, You Can Wear Mesh Flats in Fall—Just Style Them Like Gigi Hadid in Paris
    Mia and Lena Tindall cheering along a barrier with Savannah Phillips
    Royals Princess Anne's Grandchildren Have a Cutthroat Bedtime Tradition
     
     
    Queen Elizabeth has coiffed white hair and is smiling
    Royals Queen Elizabeth Put "A Huge Amount of Trust" in One Person
    Queen Camilla and her son, Tom Parker Bowles
    Royals Queen Camilla Developed a Surprising Hidden Talent
     
     
     
     
     
     
     
     
    Marie Claire
    RSS
    • About us
    • Contact Future's experts
    • Contact us
    • Advertise Online
    • Newsletter
    • Terms and conditions
    • Privacy policy
    • Cookies policy
    • Careers
    Add as a preferred source on Google Add as a preferred source on Google

    Marie Claire is part of Future US Inc, an international media group and leading digital publisher. Visit our corporate site.

    © Future US, Inc. Full 7th Floor, 130 West 42nd Street, New York, NY 10036.