Section 1983 actions frequently challenge the constitutionality of state and local legislative policies. These policies run a very wide range of subjects, encompassing such diverse matters as education, land use, licensing, public employment, public benefits and public health. Some of these cases raise vital contentious issues, such as the constitutionality of racially based affirmative action policies, and the extent of state legislative power to regulate abortions.
The U.S. Supreme Court last term, in Whole Woman’s Health v. Hellerstedt (136 S. Ct. 2292 (2016)), struck down two Texas statutory abortion policies because they violated a woman’s substantive due process right to choose to have an abortion. The “admitting privileges” provision required physicians who perform abortions to have admitting privileges at a hospital within 30 miles of the abortion facility. The “surgical center” policy required abortion facilities to meet the minimum standards for ambulatory surgical centers.
