In New Court, Roe May Stand, So Foes Look to Limit Its Scope

“The basic right to abortion, declared in Roe v. Wade in 1973, will survive regardless of who replaces Justice O’Connor, given that the current majority for Roe is 6 to 3, many experts agree. Chief Justice William H. Rehnquist was one of the two original dissenters from the Roe decision; if he retires, as has been widely speculated, President Bush would presumably replace him with a similar conservative, so that would not change the balance on Roe.

But a number of cases that are likely to reach the court in the next few years, including the latest versions of the ban on the procedure that critics call partial-birth abortion, may give a new set of justices the opportunity to restrict abortion in significant ways.” (New York Times )