YESTERDAY, with 64 Senators supporting it, the Senate approved a bill that would ban partial-birth abortion in all 50 states. Congress passed similar bans in 1995 and 1999 that were vetoed by Bill Clinton, but George W. Bush has said he will sign the ban into law. But can it survive Supreme Court scrutiny?
The new bill is identical to one passed by the House last July but then smothered by the Democratic Senate. That bill featured two changes that address the Supreme Court’s ruling in Stenberg v. Carhart, which overturned a Nebraska law banning the procedure.
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