Supreme Court to Conference Partial-Birth Abortion Case

Tomorrow the Supreme Court of the United States will meet in conference to consider the partial-birth abortion case out of the U.S. Court of Appeals for the Eighth Circuit.  We have filed a brief with the Supreme Court supporting the position of the Justice Department.  The Justice Department has now filed two briefs urging the Supreme Court to grant review in this partial-birth abortion case.  In 2000, the Supreme Court considered a state ban on partial-birth abortion and ruled 5-4, declaring the ban unconstitutional.  The pivotal swing vote in that case was Justice Sandra Day OConnor.

With the resignation of Justice OConnor and the confirmation of Justice Sam Alito, I believe that we will have the necessary votes to carry the day.  This is the most significant abortion case the Court has taken in the last decade.  This is the first time the Court will consider an abortion case with the additions of Chief Justice Roberts and Justice Alito. 

In order for the Court to grant review, four Justices have to agree to hear the case.  In order to prevail, we have to obtain five votes on the merits of the case.  With the Court conferencing the case today, it is likely that we will get an order on Tuesday morning.  We will keep everyone posted.