After nine years of having only a limited role in the always heated controversy over abortion rights, the Supreme Court this week moves back into the center, facing again a fundamental question that has not changed much since Roe v. Wade: will women and their doctors have the basic choice about ending a pregnancy? Lyle Denniston at SCOTUSblog has the Argument preview: New look at abortion after nine years:
On Wednesday, March 2, the Court will hold a one-hour hearing on Whole Woman’s Health v. Hellerstedt, and on the outcome of that case depends the near-term fate of a new emphasis in the anti-abortion movement on the health of women, as intense as has been its long effort to protect the life of the fetus from the moment of conception to live birth.
This time, the Court will be dealing with a law in Texas that is like scores of others enacted in states across the country in recent years: more restrictions on the actual operation of abortion clinics, with the usual — and intended — effect of reducing access to pregnancy termination services. [aka Targeted Regulation of Abortion Providers (TRAP) Laws.] That is an approach that potentially could have a greater chance of succeeding in the Court than the other tactic that has been thwarted repeatedly by the Justices: narrowing abortion rights directly by banning the procedure earlier and earlier in pregnancy.
Image from The Handmaid’s Tale.