TIM O'BRIEN: Abortion opponents held a vigil outside the Supreme Court Wednesday, while inside justices and lawyers grappled over whether Congress needed to make an exception to the federal ban when the health of the mother is at risk.
Father FRANK PAVONE (Priests for Life): Congress has made a determination, contrary to the claims of the other side, that there is no medical necessity for this procedure, and a big part of the argument was that deference should be given to the findings of the people's elected representatives. O'BRIEN: But six years ago, in a challenge to a Nebraska state law brought by Dr. Leroy Carhart, the Supreme Court held that a health exception was required. Carhart is also one of the doctors challenging the federal ban and was at the Supreme Court Wednesday.
Dr. LEROY CARHART: It's a victory for women if we win, and it's a great loss to American women if we lose.
JAY SEKULOW (American Center for Law & Justice): At the end of the day, as the Solicitor General just said, this case is about the borderline between abortion and infanticide.Dr. CARHART: At 16 weeks, at 18 weeks, there's no possibility of life for this fetus in any studies that have ever been performed in the United States, so I don't think "infanticide" is ever in play.
PRISCILLA SMITH (Attorney): Ösuch as uterine perforation, which can result in hysterectomy, hemorrhage, sepsis, infections, and that all of these doctors testified that they perform these procedures for no other reason except for that they are safest for their patients.
Sam Alito was the only justice not to ask a single question. The Court still seems sharply split, probably again 5-4, but who will get the 5 votes? The single switch, Justice Sam Alito for the more moderate Sandra O'Connor, just might be enough to turn this Court around and uphold this controversial law.
