A moment of truth for Brett Kavanaugh may be coming round the bend
. Photo: Andrew Harrer/Bloomberg via Getty Images In a development that people on both sides of the reproductive rights barricades have been watching closely, the Supreme Court has accepted a case involving a Louisiana law that is extremely similar to the Texas law that the Court struck down the last time it considered a major abortion case — which was before Anthony Kennedy retired. As the Guttmacher Institute noted earlier this week, the Louisiana case, June Medical Services v.
Since it takes only four justices to accept a case, it’s possible the outcome is not foreordained. Indeed, by quietly refusing review , the Court could have let the Fifth Circuit decision stand and signaled to states that it was again constitutionally kosher to enact so-called TRAP laws, which prior to the stop sign put up by Whole Women’s Health had become the favored strategy of anti-abortion lawmakers for negating the practical ability to secure an abortion by shutting down providers.
Still, the hopes and dreams of the large anti-abortion element of the Republican Party’s base will now focus on this case, which will be pending even as the white-hot 2020 election year unfolds, as the Associated Press noted: The Court could kick the can beyond the election, and even if it does rule to uphold the Louisiana law, it might very well do so while claiming it is not reversing any precedent, as Vox’s Ian Millhiser and Anna North point out:
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