The abortion case is especially controversial. The justices must decide if a Nebraska law banning so-called partial-birth abortions is constitutional. The law was struck down by a federal appeals court, which ruled that the description of the outlawed procedure was too broad and could put an “undue burden” on access to abortion. Nebraska appealed to the Supreme Court, arguing the law was intended to prevent only the controversial procedure. The court warned it would not use the case to reconsider the whole abortion issue, yet the matter will certainly stir the debate over what limits states can put on abortion.
The gay-rights case–in which the court will decide if the Boy Scouts of America can ban homosexual scout leaders–is just as likely to churn the political waters. James Dale, a volunteer scout leader in New Jersey, was fired after he acknowledged being gay. Dale sued under the state’s civil-rights laws, and won. The Boy Scouts appealed to the Supreme Court, arguing they have a First Amendment right of free association. The court will hear both cases in the spring, and issue opinions this summer. But in an election year, the court of public opinion will keep arguing before–and after–the justices rule.
