By Jess McCabe | 22 February 2006, 21:01

The US Supreme Court is set to rule on whether a ban on partial-birth abortion in South Dakota is unconstitutional or not.

As the New York Times reports, pro-lifers say the ban would only affect terminations very late in pregnancy, but the definition used could effectively ban almost all abortions as early as 12 weeks.

But some anti-abortion activists are actively encouraging the view that a Supreme Court decision in favour of the ban could lead to the overturning of Roe v Wade.

Optimistic about the recent changes on the United States Supreme Court, some abortion opponents say they have new hope that a court fight over a ban here could lead to the overturning of Roe v. Wade, the 1973 decision that made abortion legal around the country.

“I’m convinced that the timing is right for this,” said State Representative Roger Hunt, a Republican who has sponsored the bill, noting the appointments of Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the court.

“The strong possibility of a third appointee sometime soon makes this all very real and very viable,” Mr. Hunt added, a reference to conjecture that Justice John Paul Stevens, 85, might soon retire. “I think it will all culminate at the right time.”