June 28, 2016

Litigators Atara Miller, Erin Culbertson Comment on Supreme Court Ruling in Abortion Case Whole Woman’s Health v. Hellerstedt

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Milbank Litigation partner Atara Miller and associate Erin Culbertson, who prepared an amicus brief in the key abortion access case before the US Supreme Court, shared their perspectives on the Court’s June 27 decision with Law360 and The Hill.

Commenting in Law360, Ms. Culbertson said: “We are pleased that the Supreme Court overturned Texas’ burdensome and pretextual regulations. The Texas laws being challenged not only undermined patients’ liberty and autonomy, but they threatened to reduce the already limited supply of safe and affordable abortion services. Today’s majority opinion will allow patients in Texas, and across the country, to be better served by a free market limited by regulations that are based on sound scientific research, rather than those intended only to create impediments and make it more difficult for women to get abortions.”

Ms. Miller added: “The Supreme Court’s decision today in Whole Woman’s Health v. Hellerstedt was a welcome example of judicial engagement. Deference to the legislature in this case was unwarranted, as the Texas laws at issue were disconnected [to] women’s health and safety. Simply, over-regulation of abortion providers does more harm than good, limiting the supply of abortion services while driving costs higher. Patients, particularly poor patients, with few alternatives will either delay treatment or turn to riskier forms of treatment. The stakes of today’s decision were high, and we are pleased that the Supreme Court once again protected personal liberties from unjustifiable government interference.”

Ms. Culbertson also co-authored an opinion column for The Hill, “Supreme Court Should End Over-regulation of Abortion Market,” with Dr. Amesh Adalja, one of the amici curiae in the case.