What Roe v. Wade Should Have Said: America's Top Legal Experts Rewrite America's Most Controversial Decision.

It would not be (illegal) under child pornography laws because no actual child was used in the act. Child pornography laws receive special treatment under the First Amendment because children are sexually abused and people traffic in the results of that abuse.

My suspicion is Kennedy probably will not want to adopt a rule that would gut the practical effect of Casey, which is a decision he wrote. On the other hand, he might choose a narrower way of upholding the New Hampshire law. He might remand to see if the health exception can be applied in the language.

If he sides with the liberals then it doesn't matter what O'Connor does

Brown truly becomes law, really becomes something everyone's on board with after the Civil Rights Act of 1964, ... At that point, Congress said, 'We are behind Brown.'

Individual plaintiffs would have to go into court and show the regulation was unconstitutional as applied to them, and over time different plaintiffs would chip away at the unconstitutional features of a new abortion regulation. It would be time consuming and expensive, ... What Roe v. Wade Should Have Said.