Bending the Third Rail
Because We Should, We Can, We Do
Tuesday, February 21, 2006
And Away We Go!
Roberts/Alito's first test is up and coming:
WASHINGTON - The Supreme Court said Tuesday it will consider the constitutionality of banning a type of late-term abortion, teeing up a contentious issue for a new-look court already in a state of flux over privacy rights.

The Bush administration has pressed the high court to reinstate the federal law, passed in 2003 but never put in effect because it was struck down by judges in California, Nebraska and New York.

The outcome will likely rest with the two men that
President Bush has recently installed on the court. Justices had been split 5-4 in 2000 in striking down a state law, barring what critics call partial birth abortion because it lacked an exception to protect the health of the mother.
Roberts and Alito will now go on the record with abortion. All the prognostication about the court moderating conservatives and that both would be hard-right will be tested.

My guess? What the hell. I saw it stays 5-4 with Alito voting for the ban and Roberts against. Wouldn't it be hilarious if it went 6-3 against partial abortion.

We shall see soon enough!