The South Dakota legislature will push a bill criminalizing abortion. It has a pretty good chance to pass, but opposition will be strong. What happens if it does pass? I would guess that most likely it would go to the courts--eventually heading to the Supremes. If it made it there, I think there's a shot at Roe v. Wade being overturned. Wishful thinking? Perhaps. But we can always pray.
Here's another story from the Washington Post about the anti-abortion protests in Washington yesterday.
With Alito likely to be confirmed by the full Senate, look out!
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One never knows, and yes, we will be praying on that front. Here's the SCOTUS math, though:
On the Court are two justices who said at one point that they thought Roe should be overruled (Scalia and Thomas). There are two new justices (Roberts and Alito - assuming Alito gets confirmed, which it looks like he will) who both look like they would overrule Roe, but I caution everyone to remember what we thought about Souter before we jump to conclusions (although, Alito wrote the only dissent on (em)Planned Parenthood v. Casey(/em), so he looks pretty sure). There are, unfortunately, four justices (Stevens, Souter, Ginsburg, and Breyer) who have voted stridently for abortion 'rights' (I'm sure it's self-explanatory why rights is in scare quotes). Unfortunately, while Kennedy has voted against abortion rights, he's also voted for abortion rights (Planned Parenthood v. Casey), so he is possibly a black hole as far as abortion is concerned right now. Although, according to the Feminist Majority's Feminist Court Watch (who has a scary site detailing the abortionist propaganda), he voted pro-life in the last case that questioned abortion, Stenberg v. Carhart in 2000 which legitimized partial birth abortions, but we really don't know how he would rule on a case that faced the issue of abortion squarely, rather than getting at the issue through a backdoor. At any rate, I think it'll be interesting to watch and see what happens after SD stirs the pot with their legislation. Maybe this will be the opportunity that the Court, through Sandra Day O'Connor, a lame duck justice, and a unanimous decision, ducked in Ayotte v. Planned Parenthood, an opportunity to revisit the Court's abortion precedent.
Good points!
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