On Thursday, the Supreme Court granted review of a state case on abortion, the first one since 2007.
The Oklahoma Supreme Court did not allow a state measure on RU-486 (which causes an abortion if taken at an early stage of pregnancy) to stay on the ballot for a vote on Election Day. The Oklahoma court held that such a measure was an “undue burden” on abortion under controlling U.S. Supreme Court abortion precedent from 1992, Planned Parenthood v. Casey (the modern revision of Roe v. Wade, which was decided in 1973).
The Supreme Court has started by certifying a question to the Oklahoma court, asking them to clarify one point of Oklahoma law. After the Oklahoma Supreme Court answers that question, the U.S. Supreme Court will decide whether and when to proceed on having legal briefs filed and oral argument on the case.
The case is Cline v. Oklahoma Coalition for Reproductive Justice.
Breitbart News legal columnist Ken Klukowski is senior fellow for religious liberty at the Family Research Council and on faculty at Liberty University School of Law.