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Whole Woman’s Health v. Hellerstedt, 15-274

In a case challenging two provisions of Texas' House Bill 2 (H.B. 2). the 'admitting-privileges requirement' and the 'surgical-center requirement', the Fifth Circuit reversal of the District Court's decision, concluding that res judicata barred the District Court from holding the admitting-privileges requirement unconstitutional statewide and that res judicata also barred the challenge to the surgical-center provision, is reversed where: 1) petitioners' constitutional claims are not barred by res judicata; and 2) both the admitting-privileges and the surgical-center requirements place a substantial obstacle in the path of women seeking a previability abortion, constitute an undue burden on abortion access, and thus violate the Constitution.

Appellate Information

  • Decided
  • Published 2016/07/27

Judges

  • BREYER

Court

  • United States Supreme Court

Counsel