Catholic Pro-Life Committee
Respect Life Ministry of the Diocese of Dallas

Media Contact: 
Becky Visosky, Director of Communications
U.S. Supreme Court grants motion to temporarily stay Fifth Circuit's ruling, thus delaying the enforcement of Texas law -- HB 2 -- during pendency of abortion providers' appeal to high court.
DALLAS, JUNE 29, 2015 -- The Supreme Court of the United States has granted an emergency motion to stay the June 9th ruling of the Fifth Circuit Court of Appeals finding provisions of Texas law House Bill 2 constitutional, specifically the requirement that Texas abortion facilities meet the standards of ambulatory surgical centers and that abortionists in McAllen and El Paso maintain local hospital admitting privileges. This order by the Supreme Court, while not on the merits, will delay the  complete enforcement of the law while abortion providers submit an appeal to the Court. (Order available here) The abortion providers have 90 days from the Fifth Circuit Court of Appeals' June 9th ruling to file their appeal petitioning the Supreme Court to review the case on its merits. A majority vote of the Court would then be required in order for the case to be reviewed by the Court on its merits.

Karen Garnett, Executive Director of the Catholic Pro-Life Committee, commented on today's development: 

"We were elated by the Fifth Circuit Court of Appeals' June 9th ruling finding the provisions of HB 2 constitutional, thus paving the way for the law's long-awaited enforcement to ensure abortion providers are held to the same basic safety standards required of medical providers in Texas. As expected, the abortion industry is continuing its effort to evade these standards by seeking relief from the U.S. Supreme Court. Today's initial ruling of the U.S. Supreme Court to stay the enforcement of the Fifth Circuit's ruling during the pendency of the anticipated appeal is a disappointing, but temporary, delay. We remain hopeful that the U.S. Supreme Court will ultimately respect the will of the people in Texas as enacted by their elected representatives and permit the full enforcement of this law that is critical to the protection of women in this state."


By way of background:

On June 9, the Fifth Circuit Court of Appeals ruled unanimously to uphold virtually all of HB 2 in an appeal brought by the State of Texas to reverse a ruling by a district judge in Austin barring the full enforcement of HB 2. The appeal arose out of a lawsuit brought by Texas abortion providers challenging the HB 2 requirement that all Texas abortion facilities meet the standards set for ambulatory surgical centers (ASC) and the abortionist admitting privileges requirement as applied to McAllen and El Paso abortion facilities. Judges Edward Prado, Catharina Haynes and Jennifer Elrod heard the appeal and concluded:


"H.B. 2 and its provisions may be applied throughout Texas, except that Supreme Court precedent requires us to partially uphold the district court's injunction of the ASC requirement as applied to the Whole Woman's Health abortion facility in McAllen, Texas, and to uphold the district court's injunction of the admitting privileges requirement as applied to Dr. Lynn when he is working at the McAllen facility." (Opinion in full available here)

About the Catholic Pro-Life Committee
The Catholic Pro-Life Committee is a tax-exempt non-profit organization that serves the public through education on life issues, women's health issues, supportive services for pregnant women and their unborn children, and abortion aftercare.  Its services are available to anyone regardless of religious viewpoint or political affiliation.


Facts about abortion:   Over 8,000 abortions are performed in Dallas County  every year.  Since the 1973 Supreme Court decision Roe v. Wade, more than 56,000,000 abortions have been performed in America.