In New Court, Roe May Stand, So Foes Look to Limit Its Scope
By ROBIN TONER and ADAM LIPTAK
Published: July 10, 2005
WASHINGTON, July 9 - In 2003, abortion opponents took a calculated gamble and pushed through the Partial Birth Abortion Ban Act, a federal law very similar to a state law ruled unconstitutional just three years before. Critics asserted they were defying the court and doomed to fail in any legal challenge.
Strategists for the anti-abortion movement were betting that the Supreme Court would soon be different: more conservative, and more open to an array of new abortion restrictions. With the retirement of Justice Sandra Day O'Connor, part of the court's majority for abortion rights, that gamble may soon begin to pay off.
The basic right to abortion, declared in Roe v. Wade in 1973, will survive regardless of who replaces Justice O'Connor, given that the current majority for Roe is 6 to 3, many experts agree. Chief Justice William H. Rehnquist was one of the two original dissenters from the Roe decision; if he retires, as has been widely speculated, President Bush would presumably replace him with a similar conservative, so that would not change the balance on Roe.
But a number of cases that are likely to reach the court in the next few years, including the latest versions of the ban on the procedure that critics call partial-birth abortion, may give a new set of justices the opportunity to restrict abortion in significant ways.
In short, even without overturning Roe, the new court could seriously limit the decision's reach and change the way abortions are regulated around the country, experts say. This means that Mr.Bush's nominees will be intensely scrutinized, by all sides, on their records, past rulings and general philosophy on abortion....
http://www.nytimes.com/2005/07/10/politics/politicsspecial1/10abort.html?ei=5094&en=2639283084ef56fc&hp=&ex=1121054400&partner=homepage&pagewanted=all