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Democrats Ask Court To Strike Texas Abortion Law

January 5, 2016

More than 150 congressional Democrats have asked the Supreme Court to strike down a Texas law that restricts abortion and has closed clinics.

The lawmakers told the court, which is due to hear oral arguments in Whole Woman's Health v. Cole in March, that the law is unconstitutional. If allowed to stand, the law is likely to be copied by other states, they said in a brief released Tuesday.

"The result will be an undue burden on the right secured by Roe and upheld in Casey," they said, citing the 1973 and 1992 court decisions that said a woman has a right to terminate a pregnancy before a fetus is viable outside of the womb. "It is our national responsibility to secure access to the right to everyone, particularly low-income women who are likely to feel the impact the most. States must not be permitted to obstruct access to the rights recognized by Roe and Casey through deliberate legislative attacks."

They argue that women have the right to choose whether to carry a pregnancy to term without state interference, and that states are creating a patchwork of unequal access to abortion.

The brief was signed by 155 Democrats and two independents. It was led by Sens. Patty Murray and Richard Blumenthal in the Senate and Reps. Diana DeGette, Louise Slaughter, Judy Chu, and Marc Veasey in the House.

The brief is one of what is expected to be a slew of arguments in support of both the women's health clinic that brought the suit and Texas, which is defending its law.

The Obama administration as well as several medical groups, are supporting the clinic. Briefs in support of Texas are not yet due to the court.

Congressional Democrats will be talking more about this case ahead of oral arguments in March, according to a Democratic aide.

They were similarly active during the lead-up to the Hobby Lobby case in 2013.

"There's no question that in Texas and across the country extreme conservatives are fighting to roll back a woman's constitutionally protected right to make her own choices about her own body" said Murray, "and I'm proud to stand with women and families across the country who believe politics shouldn't get in the way of women's health and rights."