In a brief to the Supreme Court, more than 200 members of Congress suggest that it take up that question. They’ve got a strong case, one I go into in a Bloomberg Opinion column.

Casey held that regulations that placed an “undue burden” on the right to abortion were impermissible. But in 2000, when the court had its first high-profile case applying that standard, the very justices who had written the controlling opinion in Casey disagreed about whether it allowed bans on partial-birth abortion. A majority of the court said it didn’t. In 2007, the court took up this issue again, and this time made bans legal (while providing a fig-leaf explanation of how it hadn’t really reversed itself).
The court has not been able to walk a straight line since then, either. . . .