This didn't take long

Guess what just showed up on the AP wire?

A federal appeals court in San Francisco on Tuesday ruled that the federal Partial Birth Abortion Act of 2003 is unconstitutional.

Every federal court which has reviewed the statute so far--including other federal courts in Nebraska and New York-have found the law unconstitutional.

Tuesday's ruling makes it more likely that the U.S. Supreme Court will review the issue and is likely to be the first case in which newly confirmed Supreme Court Justice Samuel Alito is called on to make a ruling in an abortion case.

My prediction: I think the SC will uphold the decision, and Alito will vote with the majority. Like it or not, the precedent has been set and it would be hard to overturn it without legislating from the bench. Despite my hope that this judicial constellation will slow down the abortocaust, we can't achieve it by subverting the Supreme Court. If we do, it will just start all over again when the makeup of the court changes. Roe and Casey need to go the way of Dred Scott and Plessy: not just overturned but repudiated for good.