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Mr. Mason acknowledged that the fear of defeat at the high court has made some pro-life advocates reluctant to pursue the strategy.

“It’s true, we could lose. The fear is that someone like [Justice Ruth Bader] Ginsburg could create a superright to abortion,” he said. “But if you look at pro-life victories like partial birth, we didn’t win the first time around. … Pro-abortion activists have changed some of their tactics, which means we need to change ours.”