5-4 SCOTUS won't block TX pro-Choice case. What part of Anthony KENNEDY is "swing" again?!1
Even when he doesn't join an opinion it counts 5-4.
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http://abcnews.go.com/Politics/wireStory/supreme-court-refuses-block-texas-abortion-law-20943366
[font size=5]Supreme Court Refuses to Block Texas Abortion Law[/font]
A sharply divided Supreme Court on Tuesday allowed Texas to continue enforcing abortion restrictions that opponents say have led more than a third of the state's clinics to stop providing abortions.
The justices voted 5-4 to leave in effect a provision requiring doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.
The court's conservative majority refused the plea of Planned Parenthood and several Texas abortion clinics to overturn a preliminary federal appeals court ruling that allowed the provision to take effect. ....
Justice Antonin Scalia, writing in support of the high court order Tuesday, said the clinics could not overcome a heavy legal burden against overruling the appeals court. The justices may not do so "unless that court clearly and demonstrably erred," Scalia said in an opinion that was joined by Justices Samuel Alito and Clarence Thomas.
Chief Justice John Roberts and Justice Anthony Kennedy did not write separately or join any opinion Tuesday, but because it takes five votes to overturn the appellate ruling, it is clear that they voted with their conservative colleagues. ....
Breyer said the better course would have been to block the admitting privileges requirement at least until the court issued its final ruling because some women will be unable to obtain abortions. If courts ultimately find the law is invalid, "the harms to the individual women whose rights it restricts while it remains in effect will be permanent," he said.
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