Like many laws, the Texas regulations on abortion providers were intended to do accomplish something other than their ostensible purpose -- leading the SCOTUS to strike the regulations down.
The justices voted 5-3 in favor of Texas clinics that had argued the regulations were only a veiled attempt to make it harder for women to get abortions in the nation's second-most populous state.
Justice Stephen Breyer's majority opinion for the court held that the regulations are medically unnecessary and unconstitutionally limit a woman's right to an abortion.
Texas had argued that its 2013 law and subsequent regulations were needed to protect women's health. The rules required doctors who perform abortions to have admitting privileges at nearby hospitals and forced clinics to meet hospital-like standards for outpatient surgery.
Breyer wrote that "the surgical-center requirement, like the admitting privileges requirement, provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions and constitutes an 'undue burden' on their constitutional right to do so."
There you have it, ladies and gentlemen. The regulatory state should tremble in fear. There is now "no reason to believe" that additional regulations would affect wrongdoers. That means that regulations may not even be able to escape the lowest level of judicial scrutiny -- rational-basis review.
Environmentalists are quaking in their boots. Gun controllers are throwing their hands up in despair.
Financial and business regulators may as well close up shop. Wait. What's that you say? This is an abortion decision? The regulations in questions were deemed responsible for closing substandard abortion clinics?
Never mind. The regulatory state is safe. Everyone knows that the Supreme Court privileges the killing of children above all else. After all, as Justice Ginsburg has said, Roe v. Wade was motivated by "concern about population growth and particularly growth in populations that we don't want to have too many of." The undesired have to die -- the reasoning matters not.