The Court has confronted plenty of hot-button cases in recent Terms, from affirmative action to the Affordable Care Act to federal treatment of same-sex marriages. The last time the Justices decided an abortion case on the merits, however, was April 2007, when – by a five-to-four vote – they upheld the federal law restricting late-term or so-called “partial birth” abortions.
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Since then, the lower federal courts and state courts have wrestled extensively with the question of precisely how to apply the undue burden test.
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For nearly six years, Justice Kennedy and his colleagues have left us hanging. Has the meaning of “undue burden” changed? Is the Court prepared to scrap the undue burden standard and put something else in its place? Or is the right to abortion itself in doubt?
article here. Read the whole thing, it's really good!
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