Constitutionally (IANAL) this is a tough one because of the SCOTUS acceptance of the whole "penumbra" argument. Once precedence is made it is very difficult to overturn it.
But this is another journey of a thousand miles, isn't it, and conservatives haven't given up. That, in itself, is encouraging.
So how do you judge failure, when it's illegal to have babies?
It took less than ten years to go from Griswold to Roe. Conservatives HAVE given up, they just don't know it. Here's a newsflash for you though... the liberals damn sure know it! Why do you think they start tossing around terms like "extremist," "militia," and "Timothy McVeih" everytime we do something that runs the risk of being effective?