Action | Amend Regulations Following Periodic Review |
Stage | Proposed |
Comment Period | Ended on 7/1/2016 |
I would like to express my strong support for the Board's amendments to the existing regulations as well as the Governor's recommendations to the amendments.
As the United States Supreme Court recently held in Whole Woman's Health v. Hellerstedt, any regulation promulgated by the Board must be supported by medical evidence. Supposition without lack of data and medical support will not suffice. Therefore, it is clear that the Board cannot engage in any rulemaking unless the medical evidence in support of the rule is greater than the burden the rule imposes upon women seeking abortion services.
The original regulations were passed without medical evidence to support their need. These amendments are necessary to bring the regulations into compliance not only with medical best practices, but now also with the constitutional standard for regulating abortion providers.
Medical practitioners support these amendments. Constitutional scholars support these amendments. Legal minds support these amendments. It is time for the Board to support them as well.