Gruwel Reproductive Health Center Research Paper
MEMORANDUM FOR Gruwel Reproductive Health Center
SUBJECT Potential Ruling and Effects by the Supreme Court Concerning Texas HB 2
Gruwel Reproductive Health Center retained our consulting firm to ascertain the ongoing litigation in response to the abortion regulations passed by the Texas legislature and signed into law by then Governor Rick Perry in 2013.
Upfront prediction: Although it is impossible to determine in which way the Supreme Court of the United States (SCOTUS) will rule, especially in light of the vacancy of one of the nine seats due to the untimely death of the influential Justice Scalia, we believe the Texas amendments will be struck down by a 5-3 vote with Justice Kennedy joining with the four liberal judges.
Further below, I will address other options that are not as likely including the case being remanded back to the district level for “evidence” which could leave the stay in place while it works its way back to a nine seat SCOTUS. Another, albeit unlikely event, is that the court rules 4-4 “per curiam” which would allow the law to stand, but not set precedent. Per curiam is a term used when there is a tie in the SCOTUS due to a justice’s absence or recusal from a case. The least likely scenario is one of the liberals switching sides along with the moderate Justice Kennedy joining with the conservatives to uphold the law. Another variable will depend on the current nomination for SCOTUS being confirmed amid the election season in which we could see a shifting of the parties in the White House and a more conservative member nominated. …show more content…
HB 2 amends Texas’ Health and Safety Code at §2, subchapter A, chapter 171 which regulates abortions to add the provisions as
SUBJECT Potential Ruling and Effects by the Supreme Court Concerning Texas HB 2
Gruwel Reproductive Health Center retained our consulting firm to ascertain the ongoing litigation in response to the abortion regulations passed by the Texas legislature and signed into law by then Governor Rick Perry in 2013.
Upfront prediction: Although it is impossible to determine in which way the Supreme Court of the United States (SCOTUS) will rule, especially in light of the vacancy of one of the nine seats due to the untimely death of the influential Justice Scalia, we believe the Texas amendments will be struck down by a 5-3 vote with Justice Kennedy joining with the four liberal judges.
Further below, I will address other options that are not as likely including the case being remanded back to the district level for “evidence” which could leave the stay in place while it works its way back to a nine seat SCOTUS. Another, albeit unlikely event, is that the court rules 4-4 “per curiam” which would allow the law to stand, but not set precedent. Per curiam is a term used when there is a tie in the SCOTUS due to a justice’s absence or recusal from a case. The least likely scenario is one of the liberals switching sides along with the moderate Justice Kennedy joining with the conservatives to uphold the law. Another variable will depend on the current nomination for SCOTUS being confirmed amid the election season in which we could see a shifting of the parties in the White House and a more conservative member nominated. …show more content…
HB 2 amends Texas’ Health and Safety Code at §2, subchapter A, chapter 171 which regulates abortions to add the provisions as