Abortion Laws : Ohio and Federal: US Supreme Court and Federal Cases

Roe is overruled.

9/1/21 US Supreme Court declines to enjoin Texas 6 week abortion ban on procedural grounds. Leaves room for later appeal.

Made abortion a constitutional right.

Held that Title XIX does not require a participating State to pay for those
medically necessary abortions for which federal reimbursement is unavailable under the Hyde Amendment.

Established the undue burden standard for determining whether a regulation of an abortion is permissible.

2016 US Supreme Court case held that Texas admitting privileges requirement on abortion clinic imposed undue burden on women's right to seek previability abortions; surgical center requirement imposed undue burden on women's right to seek previability abortions.

2019 US Supreme Court case allowing law requiring cremation of fetal remains to stand, but striking down law outlawing abortions for sex, race or disability reasons.

Upheld federal law criminalizing "partial-birth" abortions.

Supreme Court says women needing pills for medical abortions cannot get them by mail, even during the pandemic.

The nation’s most restrictive abortion law remains in effect in Texas after a federal appeals court on Jan. 17, 2022 rejected a request from abortion providers to immediately return their legal challenge to a trial court judge who had previously blocked the measure.
In a 2-to-1 decision, the U.S. Court of Appeals for the 5th Circuit temporarily transferred the case to the Texas Supreme Court, a step requested by state officials that could leave the dispute in limbo for months.

12/10/21 US Supreme Court allows Texas law to remain in effect for now, but allows pre-enforcement challenges to continue against clinic regulators.

Prohibits abortions after 6 weeks.

The Hill 10/8/21

Preliminary injunction against Texas Right to Life issued 9/13/21

12/10/21 US Supreme Court dismisses cert as improvidently granted.

DOJ seeks a preliminary injunction against Texas SB 8 9/14/21.

US DOJ sues Texas over SB 8 9/9/21

The emergency motions to stay the preliminary injunction pending appeal are granted 10/14/21.
Judge Stewart dissents. The appeal is expedited. The Clerk will schedule this case for oral argument before the same panel that will hearthe appeal in Whole Woman’s Health v. Jackson, No. 21-50792.

Judge grants DOJ preliminary injunction. 10/6/21

The HIll 10/15/21 DOJ to ask Supreme Court again to temporarily enjoin Texas abortion law.

APPLICATION TO VACATE STAY OF PRELIMINARY INJUNCTION ISSUED BY THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Petitioners’ motion to expedite consideration of the petition for a writ of certiorari before judgment is granted, and respondents are directed to file a response to the petition on or before noon on Thursday, October 21, 2021.

First case testing SB 8. Stilley is suing Dr. Braid. 9/2/21

Effective 9/17/21. The new law narrows the window in which physicians are allowed to give abortion-inducing medication to patients from 10 weeks to seven weeks after conception, bucking FDA guidelines.

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT Decided June 14, 2019
The Trump administration cannot block pregnant, undocumented teenagers held in government custody from getting abortions.