Key justice Kennedy wavers as US top court confronts abortion

By REUTERS
March 2, 2016 23:54
1 minute read.

A closely divided US Supreme Court struggled with its biggest abortion case in years on Wednesday, with pivotal Justice Anthony Kennedy voicing concerns about a restrictive Texas law yet stopping short of signaling he would strike it down.

The court's four liberal justices indicated they believed the law, which imposes strict regulations on abortion doctors and clinic buildings, intrudes on a woman's constitutional right to end a pregnancy established in a 1973 ruling.

Conservative justices including Kennedy expressed doubt during the 85-minute oral argument about claims by abortion providers who asserted that the Republican-backed 2013 law forced numerous clinics to shut down.

Kennedy at one point suggested sending the case back to a lower court to get further evidence on the law's impact, including an assessment of the ability of existing Texas clinics to meet the demand for abortions.

If there is evidence new clinics that meet the state's regulations have increased capacity to perform abortions, it would show the law has provided a "beneficial effect," Kennedy said.

The outcome appeared to be in the hands of Kennedy, who often casts the deciding vote in close rulings. In past abortion cases, he has backed a fundamental right to abortion while supporting some restrictions.

The court was shorthanded with only eight justices following the Feb. 13 death of conservative Antonin Scalia, leaving the liberals and conservatives evenly divided.

The best that supporters of the law could hope for would be a 4-4 split that would let stand a lower-court ruling that affirmed the Texas regulations but set no nationwide legal precedent on whether other states could enact similar measures.

However, such a ruling leaving the Texas law intact could encourage other states with anti-abortion legislatures to pass similar laws.


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