Whether Brigham Young University President Rex E. Lee takes on Utah's possible appeal of its deflated 1991 abortion law before the U.S. Supreme Court depends on several factors.
Although Lee, a former U.S. solicitor general, would be an obvious choice, one of the first steps would be to find out whether he's interested. Lee said through a university spokesman Thursday that he hasn't been asked to take the case."All I can say is it's indefinite," said BYU spokesman Brent Har-ker. "He may or he may not."
But, added Harker, "you know how he loves Supreme Court cases."
Some Republicans suggested Wednesday that Lee would take the state's appeal for little money.
And whether Lee is approached at all might hinge on whether the state decides to appeal the case to the nation's highest court.
If Lee, who is retiring from BYU at the end of the year due to poor health, does get involved, he would be in familiar territory. He has argued 59 cases before the Supreme Court, including one that legal observers say put a chink in Roe vs. Wade.