Pro-life supporters suffered their worst defeat in many years on Monday at the U.S. Supreme Court in Whole Woman’s Health v. Hellerstedt, as Justice Anthony Kennedy sided with pro-abortion forces for the first time since 1992, striking down Texas’s HB2 for violating abortion rights.
HB2 is a statute requiring abortion doctors in the Lone Star State to have admitting privileges at a hospital within 30 miles of their abortion clinic. The state law also requires every abortion facility to meet the equipment and sanitation standards of an ambulatory surgical center.
In 1973, the Supreme Court declared in Roe v. Wade that the Constitution implicitly contains an unwritten right (called an “implied right”) to abortion. Roe suggested that this is a fundamental right, one where the constitutional requirements shift based on which trimester the pregnancy is in.
In 1992, the Court decided Planned Parenthood v. Casey, where the justices voted 5-4 not to overrule Roe. But the Court invented a new test to replace the trimester framework, holding that abortion is a right that can be regulated at any level of government, so long as restrictions on abortion before the unborn child is viable outside the mother’s womb do not impose an “undue burden” on the woman seeking an abortion. Casey also allows postviability abortion restrictions so long as they are “reasonable.”
Ever since 1992, Justice Anthony Kennedy had not voted to invalidate an abortion law as an “undue burden” — until today.
This article continues at [Breitbart] Supreme Court Strikes Down Modest Abortion Restrictions, Highlights 2016 Election Stakes