Judge Martha Craig Daughtrey, authoring the majority opinion, wrote that “access to pre-viability abortion is a constitutionally protected right.” Daughtrey noted that “the law remains clear that if a regulation is a substantial obstacle to a woman seeking an abortion, it is invalid.”
The pro-life group Susan B. Anthony List stated on Twitter that the ruling was “disappointing” and that the state’s pro-life provisions were “commonsense.”
“However we’re confident that soon SCOTUS will once again allow states to protect life,” the group stated.
The ruling comes as a Texas law restricting most abortions in the state went into effect on Sept. 1. Later this fall, the Supreme Court will also hear oral arguments in the case of a Mississippi law prohibiting most abortions after 15 weeks.
Texas’ “heartbeat” law prohibits most abortions after the detection of a fetal heartbeat, with exceptions for medical emergencies. That law is unique in that it is enforced through private party lawsuits and not by the state.
On Sept. 1, the Supreme Court rejected a challenge to the law hours after it had already gone into effect.
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