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Increased by 50 since this law went into effect . Since this law has taken effect there is three new Surgery Centers that opened. There was evidence at the trial and the trial court knew that would happen and took that into account in making its findings. But there was evidence, including texas experience in 2003 following enact of the asc law for later abortions, for post16 week abortions, that show the market never adjusted and the rate at which those procedures occurred in texas was drastically diminished. One question about capacity and i dont wants to take your rubutal time but your cocounsel is also litigating a case like this in louisiana. In that case, the plaintiffs were able to put in evidence about the exact number of abortions performed at facilities. Why doesnt that done here . There is evidence in the record about the number of abortions that were performed on an annual bases, the geographic distribution of those abortions. Texas collects the statisticics a statistics and
LouisianaUnited-statesEl-pasoTexasIranChinaVirginiaSan-antonioNew-mexicoRussiaWashingtonDistrict-of-columbiaPrivile privileges to a hospital within 30 miles and requiring facilities have to hospital like standards is a violating their right. Whole Womans Health versus hellerstedt. Mr. Chief justice, may i appease the court. The texas requirements undermine the careful balance between statess legitimate interest in regulating abortion and woman ability to make their own decision. They create obstacles to abortion access. There is a preliminary question. Would you address that . That disclaim is for prudence. Lets take first the claim that was in the prior litigation. Lets assume they are separate claims. That was argued and decided. Why isnt it precluded . Your honor, it is not precluded because staff to the claim developed subsiquent. The new action is filled six days after the Supreme Court issues its decision in this case. You could have asked for supplement briefing. In abbot, the plaintiffs brought the new fact do is the court of appeals and the court of appeals said it would only consid
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