WASHINGTON - The Bush administration is asking the Supreme Court to reinstate a national ban on a type of late-term abortion, a case that could thrust the president's first court picks into an early tie-breaking role on a divisive and emotional issue.
The appeal follows a two-year, cross-country legal fight over the law and highlights the power that Bush's nominees will have. Just a few months ago, there would have been five votes to strike down the law, which bars what critics call partial birth abortion.
The outcome is now uncertain, with moderate Justice Sandra Day O'Connor retiring and her replacement still unnamed.
"This no longer puts the abortion issue in the abstract with the Supreme Court. This is as live a controversy as you can get," Jay Sekulow, chief counsel of the conservative American Center for Law and Justice, said Monday.
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The Supreme Court is already dealing with a similar issue, in a test of New Hampshire's parental notification statute. That case turns on whether the state law is unconstitutional because it lacks an exception allowing a minor to have an abortion to protect her health in the event of a medical emergency.
http://news.yahoo.com/s/ap/20050926/ap_on_go_su_co/scotus_abortion