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The Supreme Court Strikes Down Texas Abortion Restrictions; Cites TxPEP Research

Mon, June 27, 2016
The Supreme Court Strikes Down Texas Abortion Restrictions; Cites TxPEP Research
Supreme Court.

The Supreme Court struck down Texas' admitting privileges and ambulatory surgical center requirements in its Whole Woman's Health v. Hellerstedt ruling, finding that these restrictions would place an undue burden on the right to an abortion. TxPEP research, including expert testimony of Dr. Daniel Grossman on clinic capacity, was quoted in the decision.

The Court found that the District Court's decision to credit Dr. Grossman's testimony about the effect of the admitting privileges requirement on capacity was sound, even though it was a preliminary prediction that was not ultimately borne out, “particularly given that Texas provided no credible experts to rebut it.” The Court continued: “making a hypothesis-and then attempting to verify that hypothesis with further studies, as Dr. Grossman did… is an essential element of the scientific method.”

Further, in regards to Dr. Grossman’s testimony on capacity, the Court writes that “an expert may testify in the ‘form of an opinion’ as long as that opinion rests upon ‘sufficient facts or data’ and ‘reliable principles and methods.’” It concludes, “Common sense also suggests that a physical facility that satisfies a certain physical demand will generally be unable to meet five times that demand without expanding physically or otherwise incurring significant costs. And Texas presented no evidence at trial suggesting that expansion was possible.”

Read the full decision here.

(Published 6-27-16)

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