undue burden

In Whole Women’s Health v. Hellerstedt the Supreme Court held 5-3 that Texas’s admitting privileges and ambulatory surgical center requirements create an unconstitutional undue burden on women seeking abortions.

The admitting privileges law requires abortion doctors to have admitting privileges at a nearby hospital. It can be difficult for abortion doctors to obtain admitting privileges because “hospitals often condition admitting privileges on...

Emotions ran high at the Supreme Court today in oral argument of what is considered to be the most important abortion cases in over 20 years. Chief Justice Roberts repeatedly tried to cut off Justice Sotomayor as she asked questions when time was up of one of the attorneys arguing. When she and Justice Ginsburg did it again he didn’t even try to stop them.

Perhaps more than any other issue all the Justices except Justice Kennedy are considered to have entrenched views on abortion. The questions for Justice Kennedy following oral argument appear to be whether he feels he has enough information to decide this case, and if he does, where he stands.  

Recently, the Supreme Court’s already interesting docket got even more high profile. First, it agreed to decide whether the Affordable Care Act (ACA) birth control mandate violates religious nonprofits rights. Then, it agreed to decide whether a Texas abortion law is unconstitutional.