On Eve of SCOTUS Abortion Decision, Texas Accused of Suppressing Key Data

[Fla Dem]

17. With only 8 SCJ's on the bench, Kennedy is the tipping vote.

Wed Mar 2, 2016
Key justice Kennedy wavers as Supreme Court confronts abortion
WASHINGTON | BY LAWRENCE HURLEY

>>>snip<<<

The outcome appeared to be in the hands of Kennedy, who often casts the deciding vote in close rulings. In past abortion cases, he has backed a fundamental right to abortion while supporting some restrictions.

The court was shorthanded with only eight justices following the Feb. 13 death of conservative Antonin Scalia, leaving the liberals and conservatives evenly divided.

The best that supporters of the law could hope for would be a 4-4 split that would let stand a lower-court ruling that affirmed the Texas regulations but set no nationwide legal precedent on whether other states could enact similar measures.

However, such a ruling leaving the Texas law intact could encourage other states with anti-abortion legislatures to pass similar laws.
http://www.reuters.com/article/us-usa-court-abortion-idUSKCN0W40BZ

Kennedy specifically asked for more data.

Kennedy at one point suggested sending the case back to a lower court to get further evidence on the law's impact, including an assessment of the ability of existing Texas clinics to meet the demand for abortions.

Even if Texas withheld data, not sure there is anything that can be done, The case has already been argued. Someone with more knowledge than me might know if additional information can be offered or is there anything like a mistrial at the Supreme Court level? Can the government ask for a do over because Texas withheld data?