Ayotte and Partial-Birth Abortion Case

[Conkle, Daniel O.]

Might the Supreme Court be inclined to GVR the partial-birth abortion
case for further consideration in light of Ayotte?  If the Court acts
this week, before Alito's confirmation, I'm wondering if O'Connor plus
four justices might prefer to GVR the case, even if four others might
prefer to consider it more fully, perhaps in the hope that Alito might
join them in approving the congressional ban (although I'm not sure that
this would be the end result, even with Alito). 

Dan Conkle
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Daniel O. Conkle
Professor of Law
Indiana University School of Law
Bloomington, Indiana  47405
(812) 855-4331
fax (812) 855-0555
e-mail conkle at indiana.edu
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