Stroock Files Amicus Brief on Behalf of 163 Members of Congress for Upcoming Supreme Court Case Involving Women’s Access to Constitutionally Protected Health Care
New York, NY, January 6, 2016 -- Stroock & Stroock & Lavan LLP filed an amicus brief on behalf of 163 members of Congress in the upcoming Whole Woman's Health v. Cole case. The matter involves the most direct attack on the mandates of Roe v. Wade and Planned Parenthood v. Casey in nearly a decade – which the Supreme Court stated unequivocally is the law of the United States. The case is currently scheduled for oral argument before the Supreme Court on March 2, 2016.
The amicus brief, joined by 39 members of the Senate and 124 members of the U.S. House of Representatives, argues that Texas and many other states are enacting onerous statutes which purport to promote women's health and safety, but in reality erode a woman's constitutional right to choose whether to carry a pregnancy to term. The amicus brief makes clear that permitting these pretextual laws, like Texas' House Bill 2, to take effect would allow states to undermine the mandates of Roe and Casey and would create a patchwork of constitutional rights across the country.
"These members of Congress are standing up to ensure that the rights of all of their constituents are protected, including those who live in rural areas and who are economically disadvantaged," said Stroock partner Claude G. Szyfer, the brief's principal author.
Robert Abrams, the former Attorney General of the State of New York and Stroock partner who also participated in the drafting of the brief, stated, "The brief sets forth that a woman's right to decide whether to carry a pregnancy to term is settled law and our nation cannot allow that right to be eroded by state laws enacted under the pretense of promoting women’s health and safety. H.B. 2, and similar statutes in other states, imposes an undue burden on the ability of women to exercise their right to decide whether to terminate a pregnancy and must be declared unconstitutional."
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