| WASHINGTON - The Supreme Court said Tuesday it would consider reinstating a federal ban on what opponents call partial-birth abortion, pulling the contentious issue back to the high court on conservative Justice Samuel Alito's first day.
Alito could well be the tie-breaking vote when the court decides if doctors can be jailed for performing the abortion procedure. It is the first time the court has considered a federal restriction on abortion, and conservatives said they expect the membership change to affect the outcome. "This is the frontline abortion case in the country," said Jay Sekulow, chief counsel for the conservative American Center for Law and Justice, who represents members of Congress in the case. Justices split 5-4 in 2000 in striking down a state law barring the same procedure because it lacked an exception to protect the health of the mother. Justice Sandra Day O'Connor, who was the tie-breaking vote, retired late last month and was replaced by Alito. Abortion was a major focus in the fight over Alito's nomination, and that of new Chief Justice John Roberts. Neither divulged how he would vote. |
I have no idea where this will go, but one thing is clear. Poll after poll shows a solid majority of Americans believe that abortion should, as Bill Clinton so famously put it, be "safe, legal, and rare." If the Supremes begin rolling back abortion rights wholesale, there is the potential for an enormous backlash that will fuel the rise of a new Democratic majority. I'm not saying that I want to find out if I'm right, but I wouldn't be surprised if that's what happened.
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