On the U.S. Supreme Court's first official day of business after Justice Samuel A. Alito Jr. replaced Sandra Day O'Connor, the Court agreed to revisit the contentious issue of whether a ban on partial-birth abortion is constitutional. Three federal appellate courts have examined the constitutionality of this controversial law, and all three have held the law unconstitutional. However, despite reaching the same outcome, those courts did not employ identical reasoning, says Howard J. Bashman.
|