Civil and Human Rights

Supreme Court Hears Challenge To Abortion Clinic Shutdown Law

Washington, DC – Constitutional Accountability Center Attorneys were at the U.S. Supreme Court today for argument in Whole Woman’s Health v. Hellerstedt, and had the following reaction to the proceedings:


CAC President Elizabeth Wydra said, “The Texas law being challenged this morning is not about protecting the health of women, but is instead about making an end-run around the Constitution. The three women Justices skillfully unmasked Texas’ attempt to say essentially, ‘women may have a constitutional right to access abortion services, but we are not going to let them exercise it.’”


CAC Civil Rights Director David Gans continued, “The Texas law at issue in this case, and others like it, shut down the infrastructure by which a woman can exercise her right under the Constitution that Justice Kennedy recognized in the landmark Casey decision. It was hard to tell which way he was leaning after his questioning today.”


“While some Court watchers wondered whether the passing of Justice Scalia last month would result in a 4-4 split,” Wydra concluded, “Justice Kennedy is clearly the swing vote and, after today’s argument, the prospect of a 4-4 vote seems unlikely.”  






CAC “friend of the court” brief in Whole Woman’s Health v. Hellerstedt: 


“How Gay Marriage’s Triumph Could Protect Abortion Rights,” by David Gans, The New Republic, January 6, 2016: 


Constitution at a Crossroads: Will the Supreme Court Continue to Chip Away At, or Overrule, the Constitution’s Protection of Reproductive Choice? June 2012: 




Constitutional Accountability Center ( is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history.