Texas: Abortion debate returning to a recast Supreme Court

The abortion debate is making a comeback to a recast Supreme Court that now could be tilted against the questioned Texas law. And the declaration will possibly come back to Justice Anthony Kennedy.

On Wednesday morning, in a highly predictable, hour-long oral argument, the court will think about challenging a 2013 Texas law governing abortion clinics. Whatever may be the intention of the law, it will effectively limit abortion providers and holds back women looking forward to end their pregnancies.

It’s almost obvious that the late Justice Antonin Scalia would have voted to support the law. With his death, eight justices of the high court may end up tied, a consequence that would keep the law effective, or they may be stacked, ever so faintly, in support of overturning the law, ruling for the abortion-providing clinics that have argued against the restrictions.

The prediction of Kennedy's vote is tricky. In 2007, he opined to uphold a federal ban on partial-birth abortions. However, long ago in 1992, he became part of a ruling that restricted how a state can order abortion clinics, and as per some close court-watchers prediction, he would repeat such a step.

Attorney and Supreme Court practitioner Lori Alvino McGill said that the main question is that if Justice Kennedy is going to hold the line or not. She believes Kennedy will look for the Texas law, imposing excessive burden on women.

The Georgetown University Law Center briefing, attorney and SCOTUSblog founder Tom Goldstein admitted that ‘the wind is in the sails’ of the ones against the Texas law.

The US Solicitor General Donald Verrilli, Jr. said, “The Texas requirements constitute substantial obstacles for women seeking abortions and impose an undue burden on their due process rights”.