Modern Healthcare

Kennedy likely to be swing vote in abortion case

- —Lisa Schencker

Last year, Justice Anthony Kennedy was the deciding vote in the U.S. Supreme Court’s decision to legalize same-sex marriage. This year, he could swing the court on abortion and birth-control coverage.

For years, Kennedy has been the divided court’s pivotal vote in polarized social issues. He could be again this year when the court considers cases involving the Obama administra­tion’s workaround for not-forprofit religious groups on the Affordable Care Act’s contracept­ion coverage mandate, and how far states can go in regulating abortion providers. The abortion case arises from a Texas law tightening regulation­s on abortion clinics that likely would cause most to close.

That case, Whole Woman’s Health v. Cole, is seen by many as a test of whether the Supreme Court’s conservati­ve majority is willing to let states substantia­lly roll back the constituti­onal right to abortion that the court recognized in Roe v. Wade in 1973. And it could demonstrat­e the importance of this year’s presidenti­al election in determinin­g whether American women continue to have that right. The next president could tip the court’s political balance, since Kennedy turns 80 in July, while Justice Ruth Bader Ginsburg will be 83 and Justice Antonin Scalia will be 80 in March.

Douglas Laycock, a University of Virginia law professor, said it would be “stunning” if Kennedy is not the swing vote in the abortion case. He is generally seen as a pragmatic and sometimes unpredicta­ble conservati­ve.

The four other conservati­ves, including Scalia, almost certainly will support the Texas rules, while the four liberals, including Ginsburg, almost surely will rule against them.

Laycock predicts Kennedy will be the deciding vote for the Obama administra­tion on the contracept­ion issue.

 ??  ?? Anthony Kennedy Position Associate justice, U.S. Supreme Court
Tenure in job Confirmed in 1988
Anthony Kennedy Position Associate justice, U.S. Supreme Court Tenure in job Confirmed in 1988

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