Wednesday’s oral arguments in Whole Woman’s Health v. Hellerstedt, probably the most important Supreme Court abortion case since 1992, centered around one key question: Does a Texas law that forces abortion clinics to meet stringent new standards—in the name of shielding “women’s health”—impose an “undue burden” on a woman’s right to terminate her pregnancy? In other words, would the law make it difficult, or maybe even impossible, for many Texas women to exercise their right to abortion? And if so, can the state wave away this issue by insisting, without much evidence, that such draconian regulations are still necessary to protect women?
