This is where Scalia is missed most.
Via The Hill:
The Supreme Court on Wednesday appeared split along ideological lines on its biggest abortion case since 1992, with potential swing vote Anthony Kennedy suggesting the case may be sent back to the lower courts.
Kennedy, a conservative justice who once ruled in favor of abortion access, revealed little throughout 90 minutes of arguments on whether Texas had created an “undue burden” on women with restrictions on abortion providers that opponents say have closed at least 11 clinics statewide.
Kennedy acknowledged that the law seemed to be affecting the types of abortions women were having in Texas. He noted the number of medical abortions in Texas has increased relative to surgical abortions — the opposite of the national trend.
“This may not be medically wise,” he said, though he added that “you might say” it is a state’s decision to control those factors.