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- NATION, Page 16ABORTIONTaking Aim at Roe v. Wade
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- The Supreme Court may be poised to withdraw the rights it granted
- in 1973. Will George Bush pay the political price?
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- By RICHARD LACAYO -- Reported by Julie Johnson/Washington
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- When the Supreme Court decided last week to review a
- Pennsylvania law that restricts abortion, it all but guaranteed
- that the long-simmering issue would come to a boil again just
- before the Republican Convention gets under way in Houston in
- August. The day after the court took the case, the streets of
- Washington offered a symbolic preview of the fight to come. To
- mark the 19th anniversary of Roe v. Wade, the landmark decision
- that made abortion a federally protected right, pro-choice and
- pro-life demonstrators squared off in photo-op warfare.
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- The latest flare-up was the last thing George Bush needed
- in an election year. While the economy is still expected to be
- the key factor in November, the abortion issue could play a
- pivotal role in a close contest. Especially worrisome to White
- House chief of staff Samuel Skinner and pollster Robert Teeter
- are recent surveys showing that suburban women are willing to
- bolt the G.O.P. in droves if abortion rights are lost. And
- that's precisely what could happen when the court rules on Casey
- v. Planned Parenthood of Southeastern Pennsylvania this term.
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- In recent years, the court's new conservative majority has
- been subjecting Roe to what looks like a reversal in slow
- motion. While never discarding the right to abortion altogether,
- the Justices have interpreted it so narrowly that states are
- now free to enact restrictions that would have been struck down
- in earlier years. The Pennsylvania case could complete the
- process -- especially now that conservative Clarence Thomas has
- probably tipped the court even further to the right.
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- The law in question requires minors to get parental
- consent and wives to notify their husbands before having
- abortions. It also obliges doctors to inform abortion seekers
- about potential medical complications and mandates a 24-hour
- waiting period. Though the court could use the case to overturn
- Roe, it is more likely to rule narrowly on the merits of the
- Pennsylvania law. That could still open the way to a flood of
- other state restrictions.
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- A lower federal court upheld all portions of the law
- except the spousal-notification provision. But in the process
- it declared that abortion is no longer a fundamental right that
- requires courts to apply "strict scrutiny" to any restrictions
- that states might apply. If the Supreme Court endorses that
- view, it would send a signal to legislatures that even steeper
- obstacles to abortion might be acceptable so long as they can
- be justified by the easier standard of a "legislative
- rationale." Says Kathryn Kolbert, an A.C.L.U. lawyer who will
- argue the case before the court: "If states are given a green
- light to pile on one more restriction after another, you are
- basically eliminating the procedure without having to ban
- abortions outright."
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- Abortion-rights groups pressed the court to take the case
- in time to hand down a decision before Election Day. They
- wanted pro-life candidates -- starting with the President -- to
- be called to account by voters. Since becoming Ronald Reagan's
- vice-presidential running mate in 1980, Bush has gingerly
- staked out a position consistent with his party's anti-choice
- plank. This year, with all five major Democratic hopefuls
- rushing to affirm their pro-choice credentials, Bush might try
- to move toward the center as November approaches. But in some
- recent state elections, candidates who tiptoed away from
- pro-life positions got little thanks from voters. With the New
- Hampshire primary only weeks away, the President must also
- protect his right flank against Pat Buchanan. "I think my party
- should be pro-life," insists Buchanan. "And if that loses us
- votes, so be it."
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- Speaking by phone last week to an outdoor rally of
- pro-life activists in Washington, Bush repeated his devotion to
- the "precious gift" of life. The same day, the Republican Party
- announced that Oklahoma Senator Don Nickles, a strong pro-lifer,
- would serve as chairman of the G.O.P. platform committee. But
- while Nickles is trusted by party conservatives, he enjoys a
- reputation as a compromiser, a quality Bush badly wants in his
- platform chief. White House moderates are still hoping to
- include wording in the platform's preamble that would make it
- clear that the G.O.P. is "nonexclusionary" on the abortion
- issue. That lukewarm invitation will be cold comfort to
- pro-choice voters if Roe is gutted.
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- Meanwhile some Congressmen have readied a
- freedom-of-choice bill that would attempt to compel states to
- keep abortion legal and uniformly available. Any such law would
- be subject to challenge as an unconstitutional infringement on
- states' rights. But it would give Democrats the advantage of
- forcing Bush to cast a highly visible anti-choice veto in the
- midst of his re-election campaign.
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