Today in Supreme Court History: March 2, 2016

3/2/2016: Whole Woman's Health v. Hellerstedt argued.

 

Comments

[John F. Carr]

Those whole women are a litigious bunch.

Was a pair of Texas laws an undue burden on abortion?

Breyer: "We conclude that neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes." This ought to have been a mixed question of fact and law with a settled standard of review. The justices brought their opinions about abortion to place a finger on the scale.

Justice Thomas wrote about what Blackman called the "epicycles" of abortion. Special rules are created to get the right result.

Justice Ginsburg observed that abortion was less risky that procedures not subject to similar regulation in the name of patient safety. As I would describe her opinion, the law would survive rational basis review but nothing more. Now that rational basis review is prescribed, Texas does not need to place burdens on abortion and can simply ban it.

Was this the last Supreme Court case where abortion won?