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- THE WEEK, Page 14NATIONA Battle Echoes from The Street to the Court
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- The Justices hear arguments over abortion rights and the death
- penalty
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- By a strange and lurid coincidence last week, Americans were
- invited to reconsider when respect for life should begin and
- when it should end. The drama opened with demonstrators outside
- San Quentin prison praying and singing and talking of mercy for
- convicted murderer Robert Alton Harris, who faced the gas
- chamber the next day. Across the continent on the streets of
- Buffalo, crowds of antiabortion activists sang and prayed and
- talked of mercy for the unborn as they gathered outside
- abortion clinics with the hope of shutting them down. The unseen
- audience in both cases, weighing life and death, was the Supreme
- Court, but everyone else who watched was invited to judge
- whether some lives are more sacred than others.
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- The demonstrators in California waited through the night
- Monday as judges of the Ninth Circuit Court in San Francisco
- went to battle against the Supreme Court in Washington. The
- question was whether sending Harris to California's gas chamber,
- unused in 25 years, constituted cruel and unusual punishment.
- Four times the appeals court stayed the execution, and four
- times the Justices overturned the stay, ultimately blocking the
- lower court from making any more end runs. In the meantime
- Harris ate his last meal, a supper of pizza and jelly beans,
- then was taken to the eerie apple-green chamber and strapped
- into the chair. A few minutes later came not death but a
- momentary reprieve as the judges fought on. Finally, just before
- sunrise, the high court's patience and his luck ran out, and he
- arrived back in the gas chamber a final time, as a roomful of
- journalists, politicians and relatives of his young victims
- watched through a glass window. By the time the cyanide pellets
- were released into the chamber, the networks and the nation had
- had a chance to muse once more over the morality of a
- government's punishing a killer by killing him.
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- It was a question worth putting to activists who call
- themselves pro-life and then threaten doctors with death if they
- continue to perform abortions. Outside a health clinic in
- downtown Buffalo, the crowd was largely peaceful but the
- rhetoric was not, as opponents called each other "Nazis" and
- "murderers." The Rev. Robert Schenck waved his ghastly prop
- before the cameras and the demonstrators: a 20-week-old fetus
- that he carries in formaldehyde to antiabortion rallies to
- illustrate his respect for human life. The carefully
- stage-managed battle was designed as a reprise of the Siege of
- Wichita, which occurred when Operation Rescue tried to shut down
- abortion clinics in Kansas last summer.
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- But last week there were equal numbers of abortion-rights
- activists prepared to defend the doors of the clinics, and the
- vaunted showdown seemed more a sideshow to the main event
- playing out before the high court. On Wednesday, the Justices
- heard arguments in the case that allows them to overturn or
- undermine Roe v. Wade, the 1973 decision that legalized
- abortion. They must decide whether or not to uphold a
- Pennsylvania law that requires a woman to wait 24 hours before
- having an abortion, notify her husband or, if she is a minor,
- her parents, and receive counseling about the alternatives to
- abortion.
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- The men and women of Operation Rescue, who are passionately
- opposed to abortion, share an ultimate value with those in
- California battling the death penalty: both base their case on
- the sanctity of life. But consensus collapses over definitions:
- Is abortion murder or a medical procedure; is an execution murder
- or an exercise of justice? Is it logically possible to be against
- abortion and in favor of capital punishment? If pollsters are
- right, many Americans would say yes; last week's dramas invited
- them to explain why.
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