SINCE 1992, when the Supreme Court barred regulations posing an “undue burden” on a woman’s right to choose to have an abortion, pro-life and pro-choice forces have battled over how far states may go in circumscribing the right first recognised 45 years ago in Roe v Wade. But in a case on March 20th involving a California law that is designed to expand access to abortion, Anthony Kennedy—the Court’s perennial swing justice—appeared to flip the standard on its head.
In an exchange with Michael Farris, the lawyer representing the National Institute of Family and Life Advocates (NIFLA) Justice Kennedy said the law posed an “undue burden” on the mission of so-called “crisis pregnancy centres” (CPCs), pro-life establishments that seek to steer women away from abortions. The FACT Act, which went into effect on January 1st, 2016, and which NILFA is challenging, seeks to protect low-income women from being misled by California’s hundreds of CPCs that “pose as full-service women’s health clinics” while...Continue reading
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