by Dawn Johnsen, Walter W. Foskett Professor of Law, Indiana University Maurer School of Law; member, ACS Board of Academic Advisors
* This post is part of the ACSblog symposium: Members of the ACS Board of Academic Advisors reflect on the 2015-2016 Supreme Court Term.
*This post originally appeared at Slate.
First and foremost, HOORAY! The Supreme Court’s 5–3 decision striking down the Texas abortion restrictions is an unqualified, tremendous, and long overdue victory for abortion rights and the Constitution. It is a win for women—and also for families, men, children, and American society. It is also a win for our core constitutional values of liberty and equality and for the Supreme Court: The court could have done nothing but strike down the Texas law and still been consistent with its 1992 reaffirmation of the core of Roe v. Wade in Casey. As Walter noted, the court’s very integrity was on the line, and ultimately it did much more than the bare minimum that needed to be done.
Whole Woman’s Health reaffirmed that this most important and personal of decisions is for women to make, not the state of Texas nor any governmental entity. Beyond that, the court applied the undue burden test in a way that should provide meaningful protection against many of the mounting state restrictions—especially those aptly called TRAP (targeted regulation of abortion providers) laws—that disguise their purposes and for years have been denying increasing numbers of women access to abortion services.
Monday’s decision is not just a pro-women decision, respecting our autonomy and protecting our health. It also is pro-family: Most women who have abortions already have children and are making the decision that is right for them and their families. It also clarifies that it is an illegitimate role of government to impose impediments to women’s reproductive health care. The government instead should support women in preventing unintended pregnancies, and in having healthy pregnancies and children at times of their choosing.
So it’s an important and long-awaited victory.