Key justices appeared skeptical Tuesday of Nebraska’s partial birth abortion ban, possibly foreshadowing a Supreme Court ruling that will once again embrace a woman’s right to seek an abortion.
Arguments in Stenberg v. Carhart brought the abortion issue back to the Supreme Court for the first time since Planned Parenthood v. Casey in 1992. But the passage of time and the arrival of two new justices — Stephen Breyer and Ruth Bader Ginsburg — appeared not to have disturbed the Court’s basic view in Casey that before the point of fetal viability, abortions should be generally available to women without “undue burden.”
