America is back fighting its endless legal war over abortion. A new front opened late Wednesday when five Justices issued an unsigned opinion declining to block a Texas law banning abortion after six weeks. Cue the hysterics about the end of abortion rights. But this law is a misfire even if you oppose abortion, and neither side should be confident the law will be upheld.
For starters, the Texas statute clearly violates the Court’s Roe v. Wade (1973) and Casey (1992) precedents by making abortion illegal during the first trimester without exceptions for rape or incest—and it does so in a slippery way to duck federal judicial review.