Abortion: Battles on Three Fronts
April 30, 2007 issue - The Supreme Court's decision to uphold a federal ban on "partial birth" abortion last week set off skirmishes on three battlefields: in politics, doctor's offices and the high court itself. With Samuel Alito now in Sandra Day O'Connor's old seat, conservatives finally had five votes to restrict abortion. Justice Anthony Kennedy—often derided by conservatives as a closet liberal—wrote the vigorous majority opinion upholding the law. Kennedy has expressed nuanced views on abortion in the past, upholding Roe but disagreeing with a ruling that struck down a Nebraska "partial birth" ban. In last week's opinion he didn't reject the landmark abortion-rights decision, but his language pleased pro-lifers. "Kennedy is very much speaking in the code language of the anti-abortion activists," says David Garrow, a legal historian at the University of Cambridge. The justice used "kill" or "killing" 11 tim...