From the SCOTUSBlog:
In its most significant argument to the Second Circuit Court, the Department suggested that the opponents of the 2003 Partial-Birth Abortion Ban Act be barred from bringing any new case contending that the ban violates women's constitutional right to equality. That is an argument that got the implied support of Justice Ruth Bader Ginsburg in her dissent from the April 18 ruling in the case of Gonzales v. Carhart (06-380) -- support that might have led abortion rights groups to try that theory as an alternative way of contesting the ban now that their facial challenge has failed on a due process complaint.
Read the whole post here.
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