The Ninth Circuit’s Humble opinion creates a clear circuit split on whether states may restrict the use of abortion-inducing drugs and further deepens the circuit split I noted here on the proper contours of the under burden test post-Gonzales v. Carhart. This increases the likelihood that the Supreme Court will next consider the constitutional limits on state abortion regulation before the next presidential election. The question now is less whether the Court will revisit this issue so much as when. I assume Arizona will seek en banc rehearing or immediately file for certiorari, but this choice will only affect the timing of eventual Supreme court review
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