Justices allow Texas abortion clinics to remain open while appeal considered

WASHINGTON — The Supreme Court by a 5-4 vote blocked the state of Texas, at least for now, from enforcing a strict new abortion law that was likely to close most of the state’s remaining abortion clinics.

The measure would require these clinics to have doctors on the staff who have admitting privileges at a local hospital. But because of the strong opposition to abortion, doctors have been unable to obtain those privileges in large parts of the state. The law also requires these clinics to meet the standards of an outpatient surgery center. The combination of the two rules was expected to close all but nine of the state’s abortion clinic. There were 41 clinics operating before the law was approved.

The 5th Circuit Court of Appeals in New Orleans had upheld the law as constitutional. Lawyers for the abortion clinics last week urged the justices to delay any enforcement of these new restrictions while they prepare an appeal. They said all but about nine clinics would be shut down if the law were enforced.

“The justices have preserved Texas women’s few remaining options for safe and legal abortion care for the moment. Now it’s time to put a stop to these clinic shutdown laws once and for all,” said Nancy Northup, president and CEO of the Center for Reproductive Rights.

On Monday afternoon, the court issued a stay order that prevents the state from enforcing the law. This will remain in effect “pending the timely filing and disposition” of the appeal of the lower court ruling.

This may last until the fall, since the justices will not meet again to consider the appeal petitions until the end of September.

And the vote itself was significant because Justice Anthony M. Kennedy joined the court’s four liberal justices to grant the order.