The U.S. Supreme Court will hear arguments next week in one of the most important abortion cases it has considered in years. At issue are two provisions in HB2, a bill former Texas Gov. Rick Perry signed into law in July 2013. The bill requires abortionists to have admitting privileges within 30 miles of a hospital and mandates all abortion facilities meet ambulatory surgical center (ASC) standards. The law also bans abortions after 20 weeks (with certain rare exceptions, not including rape) and adds restrictions for chemical abortions.
The plaintiffs in Whole Woman’s Health v. Cole contend the new regulations cause “undue burdens” that place “substantial obstacles” on women seeking abortion. Perhaps more important to the plaintiffs, though, is the consequence of laws like HB2, which “burden” their abortion businesses with costly requirements.
But thanks in part to a seemingly endless supply of...