Biden enlists White House counsel to fight Texas abortion law

By Jeff Mason

WASHINGTON (Reuters) -President Joe Biden on Thursday said he is launching a “whole-of-government effort,” including from the White House counsel, to combat a strict new Texas abortion law after an overnight Supreme Court decision let it stand.

Biden, a Democrat and a Catholic who has shifted to the left on abortion in recent years to be more in line with his party’s base, called the law that bans any abortion after six weeks an “unprecedented assault on a woman’s constitutional rights.”

The president said in a statement he was directing the office of the White House counsel and his Gender Policy Council to review how the government could “ensure that women in Texas have access to safe and legal abortions… and what legal tools we have to insulate women and providers from the impact of Texas’ bizarre scheme of outsourced enforcement to private parties.”

The White House will specifically look at what measures can be taken through the Department of Health and Human Services and the Department of Justice, Biden said.

The White House has called for the “codification” of abortion rights that are currently protected by the court’s 1973 Roe v. Wade decision through legislation in Congress, but has not outlined any specific steps that it is taking to back any such law.

A plurality of Americans believe that abortion should be legal up until the fetus is capable of living on its own, and they remain largely supportive of Roe v. Wade, a Reuters/Ipsos poll in June showed. The responses are split along party lines, with 70% of Democrats, 35% of Republicans and 47% of independents agreeing abortion should be legal in most or all cases.

Biden’s Democrats have control of the U.S. Senate and House of Representatives with slim majorities and he is seeking to push through legislation on infrastructure and other Democratic priorities in the coming weeks.

The House will debate and vote on legislation stopping states from enacting restrictive anti-abortion regulations like the one just approved by Texas, Speaker Nancy Pelosi said on Thursday.

(Reporting by Jeff Mason; additional reporting by Susan Heavey; Editing by Heather Timmons and Alistair Bell)

Supreme Court strikes down Texas abortion law

Demonstrators hold signs outside the U.S. Supreme Court as the court is due to decide whether a Republican-backed 2013 Texas law placed an undue burden on women exercising their constitutional right to abortion in Washington

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday handed a victory to abortion rights advocates, striking down a Texas law imposing strict regulations on abortion doctors and facilities that its critics contended were specifically designed to shut down clinics.

The 5-3 ruling held that the Republican-backed 2013 law placed an undue burden on women exercising their constitutional right to end a pregnancy established in the landmark 1973 Roe v. Wade decision. The normally nine-justice court was one member short after the Feb. 13 death of conservative Justice Antonin Scalia, who consistently opposed abortion in past rulings.

Conservative Justice Anthony Kennedy joined liberal members of the court in ruling that both key provisions of the law violate a woman’s constitutional right to obtain an abortion.

By setting a nationwide legal precedent that the two provisions in the Texas law were unconstitutional, the ruling imperils laws already in place in other states.

Texas had said its law, passed by a Republican-led legislature and signed by a Republican governor in 2013, was aimed at protecting women’s health. The abortion providers had said the regulations were medically unnecessary and intended to shut down clinics. Since the law was passed, the number of abortion clinics in Texas, the second-most-populous U.S. state with about 27 million people, has dropped from 41 to 19.

Democratic President Barack Obama’s administration supported the challenge brought by the abortion providers.

The Texas law required abortion doctors to have “admitting privileges,” a type of formal affiliation that can be hard to obtain, at a hospital within 30 miles (48 km) of the clinic so they can treat patients needing surgery or other critical care.

The law also required clinic buildings to possess costly, hospital-grade facilities. These regulations covered numerous building features such as corridor width, the swinging motion of doors, floor tiles, parking spaces, elevator size, ventilation, electrical wiring, plumbing, floor tiling and even the angle that water flows from drinking fountains.

The last time the justices decided a major abortion case was nine years ago when they ruled 5-4 to uphold a federal law banning a late-term abortion procedure.

Some U.S. states have pursued a variety of restrictions on abortion, including banning certain types of procedures, prohibiting it after a certain number of weeks of gestation, requiring parental permission for girls until a certain age, imposing waiting periods or mandatory counseling, and others.

Americans remain closely divided over whether abortion should be legal. In a Reuters/Ipso online poll involving 6,769 U.S. adults conducted from June 3 to June 22, 47 percent of respondents said abortion generally should be legal and 42 percent said it generally should be illegal.

Views on abortion in the United States have changed very little over the decades, according to historical polling data.

(Reporting by Lawrence Hurley; Additional reporting by Adfam DeRose; Editing by Will Dunham)