That’s the way it is in the holy war over abortion: victories are rarely clear-cut, and there is always another tactic for keeping the struggle alive. The 31 state bans on partial-birth abortion were just such a device. By seeming to focus narrowly on the most graphic procedure they could find, abortion foes had hoped to significantly weaken Roe v. Wade. Last week’s Supreme Court decision likely obliterated that effort: pro-life groups in Nebraska say there’s no way they will support a rewrite of the statute so that it outlaws the procedure and also allows doctors to make exceptions for the health of the mother.
That doesn’t mean abortion foes will give up. State groups are still pursuing new laws to limit access for minors and stop clinics from donating tissue for research. And though they lost in the court, pro- lifers still plan to use partial-birth abortion to justify their assault on Roe. “We think it basically shows the American public that Roe v. Wade means that it’s all right for you to take a living baby from a womb and suck its brains out,” says Julie Schmit-Albin of Nebraska Right to Life.
Both sides are now putting all their energy into what they see as the pivotal showdown in November, which will ultimately determine the high court’s makeup. Pro-choicers are sending out word that last week’s razor-thin victories prove Roe is in trouble and only a victory by Al Gore can protect it. Pro-lifers are just as determined. “Bush has to win,” says Schmit-Albin. And Plan B? “That’s our only plan.”
It’s not clear that the abortion issue will move voters as viscerally as it did a decade ago. Most moderates seem to feel that while no one likes abortion, it should still be legal. And the rate of abortions seems to be steadily dropping anyway. Abortion-rights groups say it’s harder than ever to get an abortion, largely because there are fewer providers like LeRoy Carhart willing to take the harassment. Having triumphed in the high court, Carhart says he’ll go on performing abortions–if he doesn’t find himself out on the street first.
