It is “Super Tuesday” and I’m guessing you were expecting a presidential-related message? This is in fact a very presidential-related message. Because whoever is elected in November will assume the duty of nominating at least two Supreme Court justices during their tenure. Therefore, vote wisely.

Last month, the Supreme Court of the United States granted a Petition for Certiorari (fancy Latin for agreeing to review a lower court’s decision) on a case arising out of Texas, Whole Women’s Health et al v. Kirk Cole, Commissioner of Texas Department of State Health Services et al.. Petitioners challenge a decision by the 5th Circuit Court of Appeals upholding numerous provisions of an abortion clinic law recently passed by the Texas legislature.  The earliest the case would be heard is in February.

The two specific laws at issue require (1) that doctors performing abortions have admitting privileges to a hospital within 30 miles of the facility in which the abortion is being performed and (2) that abortion clinics meet the same facility criteria as surgical facilities.  Sounds like a regulation directed toward ensuring women undergoing abortions will have adequate access and continuity of care if the abortion goes wrong?

Not so say abortion advocates. In fact, they challenge the very fact that these laws will likely reduce abortions, citing this fact as a threat to public health.  Their reasoning? The rate of unintended pregnancies will remain high and unhindered if abortion access is restricted.  As if no access to abortion caused an unintended pregnancy?

The broader and more dangerous implication of this case is that the Petitioners have asked (and SCOTUS has apparently acquiesced) the Court to review the laws more broadly and give further explanation of the “undue burden test” set out in the case of Planned Parenthood v. Casey.  The main thrust of this tactic is to hedge the Supreme Court into making a determination of whether laws which have the effect of reducing abortion access can ever fulfill the public interest test – and whether a court that finds the reduction of abortions to be a state interest is in error.

Frankly – this case poses a major risk to the work done by pro-life advocates across the Nation and for decades. Of note, Justices Thomas, Alito and Chief Justice Roberts, along with the late Justice Scalia, have already stated they would have denied the petition for Certiorari. Now – all eyes necessarily turn to Justice Kennedy as we analyze the future of abortion laws.  We must be in prayer.