[Iron Eagle]

Unfortunately -- there are only 4 anti-Row votes on the Court. In fact, those four would likely choose, strategically, not to accept a writ petition on this issue until they get a fifth.

BTW -- the reason they were so hard on Alito, is they lost a pro Row vote. The next nominee will overturn ROE (Unless Thomas or Scalia leaves). So -- look for the Hispanic card to be played on the next nominee. Either way -- we don't have the votes.

[papertyger]

So -- look for the Hispanic card to be played on the next nominee. Either way -- we don't have the votes.

Nope...enter JRB!

While there may be more actual hispanics, a black woman would be politically bullet-proof.

[Vicomte13]

I believe that we do have the votes to strike down partial birth abortion and uphold that law.

The four conservatives will, I expect, vote to uphold the partial birth abortion ban.

Up the thread, jwalsh gave a link to Kennedy's dissent in Stenberg. It is strong stuff. It's not just a legal analysis: he goes for the visceral, and it's clear that he sees the issue viscerally.

Overturn Roe completely?
I agree that Kennedy probably won't vote for that.
But strike down partial birth abortion?
I think Kennedy's there.

That's a start.

And when the world doesn't end even though there is finally a real restriction on abortion, it will be easier next time.

There will probably be an incremental dismantling of Roe, with the States passing more laws and the Supremes ruling "That's ok".

To outright overrule Roe may take another vote.