The Supreme Court was closely divided in the oral arguments on Wednesday in the biggest abortion case in the generation. The women on the Supreme Court also seemed especially sceptical on the abortion restrictions in the oral confrontation.
According to Time Magazine, the U.S. Women Justices seemed to be unconvinced of the Texas abortion restrictions during the oral arguments in the Whole Women's Health versus Hellerstedt on Wednesday. They were repetitively raising the question why abortion was being singled out for added limitations when more dangerous outpatient medical procedures are not.
However, Justice Anthony Kennedy, who will also make his vote in the case, was questioning some notions in the oral arguments. He even questioned whether the trend towards surgical abortion in Texas was "medically wise."
Abortion providers asserted that the Republican-backed 2013 law forced numerous clinics to shut down. But the conservative justices, which include Kennedy, expressed their suspicion during the oral argument about the claims by abortionists.
Reuters reported that if evidence would emerge that the new clinics that meet the state's restrictions have bolstered their capacity to perform abortions, it would only prove that the law has made its "beneficial effect," as explained by Kennedy. But the result of the case appeared to be in the hands of Kennedy, who gives the deciding vote in the close decision.
In the past abortion cases, Kennedy has supported a fundamental right to abortion while also backing some limitations. But besides Texas, seven other states in the U.S. have already passed similar abortion restrictions that have been contested in federal court, as claimed by The Guardian.
The laws threaten to shut down abortion clinics across the country, and the fate of those abortion clinics depends on the outcome of the Wednesday's arguments.
Moreover, the remaining justices could tie in 4-4 split decision. A tie means that there will be no precedent, leaving the questions in the court unanswered. It will also allow the ruling on appeal to take effect. And that only means that the Texas abortion law would take effect.
Meanwhile, such decision leaving the Texas law intact could still motivate other states with the anti-abortion legislatures to pass similar laws. The Supreme Court is expected to issue its ruling in June of this year.
