Wesley J. Smith has been warning for years about the very real possibility that Roe v. Wade will be struck down in a different sense from the sense pro-lifers talk about. What he means is that Roe, radical and evil though it was, left in place the possibility of some regulations on abortion facilities and the conditions under which abortion is carried out. Pro-aborts have chafed at these for years and have attempted repeatedly to get the abortion license of Roe expanded so that it is not even regulated as a surgical procedure would otherwise be when carried out in a free-standing clinic.
In the wake of Antonin Scalia's death, that looks like a very real possibility. Texas has been all too successful in regulating abortion. "Too many" abortion clinics are closing in Texas, and the pro-aborts are directly using that as an argument, per the Casey decision, that the medical regulations on abortion facilities are posing an "undue burden on women seeking an abortion."
Here are the requirements:
The bill, called H.B. 2, mandates that any physician performing an abortion have admitting privileges at a hospital within 30 miles of where the abortion was performed. In addition, all abortion clinics in the state are required to meet the regular Texas standards for ambulatory surgical centers.
This hardly seems unreasonable even aside from the grave evil of abortion. And of course if it is causing abortion clinics to close, all the better. Though in the strange, looking-glass world of Supreme Court arguments, the state is evidently arguing that there is no evidence that these regulations actually are the cause of the clinic closings in Texas. I do not know whether that is true or not. I do know that it is part of the twistedness of the post-Roe world that the question should even arise.
The Stream reports that it looks entirely plausible that SCOTUS will strike down the law by a 4-3 vote, with Anthony Kennedy siding with the pro-aborts. If the vote were 4-4, the case would probably be re-heard after a replacement for Scalia has been put on the bench.
I urge Christian readers to pray about this crucial case.