That's what Slate senior editor Dahlia Lithwick accuses the Supreme Court of in hearing arguments in Ayotte v. Planned Parenthood yesterday.
Just to be clear about what's happening today: No one is talking about reversing Roe v. Wade. But I can't count five people willing to apply the holding in Casey to these facts either. Instead most of the court is doing constitutional loop-the-loops to try to save the New Hampshire law, even though they are almost all bothered by the lack of a health exception. Mostly they try to graft a health exception back on, whether or not the New Hampshire legislators wished to have one. The larger point is that New Hampshire nipped and tucked the so-called right to an abortion when it passed this law, and most of the court thinks that is just fine.