The odd thing is that apparently aborting by another method the same fetus at the same time is OK, and there needs to be another method to kill non viable fetuses, or banning partial birth abortions would indeed be imposing an unreasonable burden on women. Kennedy's rather dyspeptic dissent therefore covers narrower ground than one might think. In fact, the ground is quite narrow.
I don't think so. Maybe I'm reading between the lines but I think Kennedy is a vote to uphold bans on late term abortions. Remeber, the wall has to be taken down a brick at a time. It will be tedious and tendentious but worth it. Of course this first case is only about one procedure but he is definitely a vote to uphold a ban on the procedure.