TOW #11 - Will the U.S. Supreme Court Give a Clear Answer on Abortion? (Written)

Roe v. Wade was a landmark case by the Supreme Court that most people believe guaranteed a person's right to abortion. In actuality, the cases following Roe v. Wade - notably, Planned Parenthood of Southeastern Pennsylvania v. Casey - have muddied the lines on what a person is and isn't entitled to. Now, in 2015, many states are renewing their battle against abortion, especially in light of the recent Planned Parenthood controversy. Whole Women's Health v. Cole is the latest in legal fights on abortion. Texas lawmakers have passed legislation that claims to protect women's health, but really only raises the standards for abortion clinics to unnecessary heights - thus, forcing 75% of health care facilities to shut down in the state. (Texas is not alone in its fight: Arkansas, Mississippi, Missouri, North Dakota, South Dakota, and Wyoming have only one abortion clinic in each state.) The decision has been upheld by the Fifth Circuit in Texas and will be heard by the Supreme Court likely in the spring of 2016.

Garrett Epps, author of the article "Will the U.S. Supreme Court Give a Clear Answer on Abortion?", hopes to answer readers' questions on what the Supreme Court decision will mean for abortion by referencing various court cases and explaining their significance.

Epps acknowledges that, in the upcoming Whole Women's Health v. Cole case, the Supreme Court could decide either way without overruling the previous Planned Parenthood v. Casey decision. He asserts that the Casey ruling stated that no state could place "undue burden" on a person's right to abortion - yet, the definition of "undue burden" is frustratingly vague. To provide some clearer definition for readers, he writes, "For a definition, look to the Casey plurality: 'A finding of an undue burden is a shorthand for the conclusion that a state regulation has the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion' before the fetus is viable, a stage that now means roughly 24 weeks." Although no one (perhaps not even the Supreme Court) can say for certain what an "undue burden" is, readers are now equipped with the knowledge about what previous rulings have stated. Furthermore, they are aware of how this ruling may affect and be affected by the upcoming Supreme Court case.