I think it is a 50-50 chance of winning at the Supreme Court right now:
President Bush Asks Supreme Court to Take Partial-Birth Abortion Case
by Steven Ertelt
February 17, 2006
Washington, DC (LifeNews.com) -- After having been on a month-long break, members of the Supreme Court meet behind closed doors today to do which handful of cases they will hear out of 800 appeals that have been filed there. Attorneys for President Bush want the high court to hear a case on the partial-birth abortion ban.