In New Court, Roe May Stand, So Foes Look to Limit Its Scope
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.