You might be surprised, but the 2006 and 2008 elections are already being decided by the courts. How can this be?

Well, it started when Justice O’Connor announced her resignation and Chief Justice Rehnquist died. President Bush was able to nominate two justices to the Supreme Court - one replacing Justice O’Connor typically called the swing vote. By all accounts the court has moved to the right.

There are several abortion related cases working their way up the appellate system right now. Gonzales v. Carhart is a challenge to the federal partial birth abortion ban and Ayotte v. Planned Parenthood is a challenge to a New Hampshire state law requiring parental notification for minors wanting an abortion.

Should the Supreme Court uphold either of these laws (or the soon to be law South Dakota abortion ban), it would be a boon to the Democrats. Just like fear of Al Qaeda and Gays drove the Republican’s conservative base to open the checkbooks and run to the polls, the prospect of a Supreme Court over turning all or part of Roe v. Wade will mobilize the feminist base of the Democratic Party in a way that Kerry, Dean, or even their hatred of Bush, could never do.

The pro-life radicals in the Republican party may win their little victory in the battle over abortion, but they may cost us the culture war.