Justice Anthony M. Kennedy, who almost certainly holds the crucial vote, mused that it might be useful to return the case to the lower courts to develop more evidence. He said it would help to know how many abortions could be performed in the clinics that would remain open if a restrictive Texas law was allowed to become fully effective....Here's the analysis of the argument at SCOTUSblog:
Justice Antonin Scalia’s death last month may have muted the prospect of truly bold action, but even a 4-to-4 tie would have enormous consequences because it would leave in place an appeals court decision that could drive down the number of abortion clinics in Texas to about 10, from roughly 40.
The four more liberal members of the Court — Justices Stephen G. Breyer, Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor — energetically challenged the lawyer for Texas, and often did so in words that denounced what the Texas legislature could have been thinking in passing the restrictions. Justice Sotomayor was so diligent that she even went on with questions after Chief Justice John G. Roberts, Jr., signaled that the lawyer then at the lectern was finished.And here's the whole transcript of the argument.