Could this decision be the one? The underlying facts are so outrageous. . .
No.
Because the people are not mobilized.
The partial birth abortion ban could be the one, when it comes up for Supreme Court review, because there's an issue on which 75% of the public is in agreement that there should be limits.
The Supreme Court will strike down the partial birth abortion ban because it makes no exception for the health of the mother. Of course, in reality, that exception is what allows abortion on demand right up to labor, because "health" in an undefined, subjective term for "medical professionals" to decide.
Abortion doctors are medical professionals.
Connect the dots.
But to really be able to apply a defiance strategy, the groundwork has to be prepared. 23 states have ballot initiative processes. One can study the time it takes for cases to ripen and estimate when the partial birth abortion ban will hit the Supreme Court.
And before that a truly national effort is needed to get a ballot initiative parroting the federal statute before the voters in all 23 of those states.
It is important that the issue really be played emotionally, with the heart-rending photographs and ultrasounds that show the full, graphic horror of partial birth abortion.
Inflame the mob and get an avalanche of votes that pass bans on partial birth abortion, without the "health" exception.
Then wait patiently for the Supreme Court to overturn the Federal law, and by extension all of these popular referenda, within a few months.
Then spring the trap.
The President steps forward and orders the Justice Department to not apply this case because it is a clear example of judicial overreach and abuse of authority.
Simultaneously, have Congress pass a resolution supporting the President's position.
The precedent will be established.
Then use it.
Of course, like the "nuclear option" on filibusters, paring back an established power of government is a two-edged sword.
The Republicans will not be in power forever, after all...