In a landmark abortion case, the Supreme Court — which is down to eight justices — may be evenly split, reports The Hill.
With Antonin Scalia’s passing, the highest court in the land is now composed of four liberal justices, three conservatives, and the unpredictable Anthony Kennedy.
In an important sign for the future of the law, Kennedy said the court may not issue a definitive ruling, instead possibly sending the case back to lower courts.
That move, called a remand, would maintain the uncertainty around the 2013 law, which has been under legal challenge since its passage.
The case, Whole Woman’s Health v. Hellerstedt, could decide whether Texas can enforce one of the nation’s strictest abortion laws. Two dozen other states have similar restrictions in place, requiring abortion clinics to meet the standards of hospital-style surgical centers and requiring abortion doctors have admitting privileges at hospitals within 30 miles.
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