Abortion Likely Coming to Court, Even if Kavanaugh Doesn’t

The continued legality of abortion in the U.S. likely will come before the Supreme Court in the term beginning Oct. 1, even if Judge Brett M. Kavanaugh’s nomination fizzles.

Kavanaugh, who is widely believed to be a reliable anti-abortion vote, probably will be confirmed. But even if he isn’t, other courts are playing an important role in determining the legality of abortion. Their decisions—including a recent one from the U.S. Court of Appeals for the Fifth Circuit—are in the pipeline for review.

Conservative judges in lower federal courts have signaled their willingness to try “reshaping the legal standard for abortion ...