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- <text id=91TT1433>
- <title>
- July 01, 1991: Abortion Test Cases
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1991
- July 01, 1991 Cocaine Inc.
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 22
- Abortion Test Cases
- </hdr><body>
- <p> With a surprisingly strong vote in both houses, Louisiana's
- legislature last week overrode Governor Buddy Roemer's veto and
- enacted the strictest antiabortion law in the land. The measure
- imposes up to 10 years in prison and a $100,000 fine for any
- doctor who performs an illegal abortion, although the woman
- undergoing the procedure would not be punished. Exceptions would
- be allowed only if the mother's life was threatened by pregnancy
- or if she had been the victim of rape or incest. Ignoring
- Roemer's demands for broader protections for such victims,
- however, the legislature added the requirement that the alleged
- act of rape or incest be reported to the police within one week
- for the abortion to be considered legal. Said the Governor:
- "((The law is)) going to be expensive to litigate, impossible
- to implement, totally unfair to women who have been brutalized
- and raped."
- </p>
- <p> Framers of Louisiana's bill hope it can provide the test
- case that will prompt the U.S. Supreme Court to reconsider the
- landmark 1973 Roe v. Wade decision. But Louisiana's law is
- competing for that distinction against existing laws in three
- other jurisdictions:
- </p>
- <p> PENNSYLVANIA. Enacted in 1989, Pennsylvania's statute
- could well be the first to reach the high court because it is
- the furthest along in the federal appeals process. Last year a
- federal district court struck down provisions requiring a
- 24-hour waiting period, notification of the husband, and a
- state-sanctioned lecture from a doctor about the pros and cons
- of abortion. But the Pennsylvania law may not be the ideal test
- case for Roe. Reason: it focuses on procedural stumbling blocks
- to abortion rather than decreeing an outright ban, and could
- thus allow the court to skirt the constitutional issues.
- </p>
- <p> GUAM. Although this 212-sq.-mi. U.S. territory is located
- in the North Pacific, 6,000 miles from California, and has a
- population of just 120,000, it became the center of controversy
- last year after enacting what was then the nation's most
- restrictive antiabortion measure. It outlaws all abortions
- except when pregnancy endangers a woman's life; violators face
- up to a year in jail and a $1,000 fine for obtaining an abortion
- or aiding a woman doing so; doctors performing the procedure may
- be jailed for up to five years. A federal district court found
- the law unconstitutional, clearing the way for a challenge to
- be heard before a federal appeals court.
- </p>
- <p> UTAH. Approved by Governor Norman Bangerter in January,
- Utah's statute permits abortions only if pregnancy results from
- rape or incest, if childbearing could cause "grave damage to
- the pregnant woman's medical health" or if the procedure is
- intended to prevent the birth of a child with "grave defects."
- The state has refrained from putting the measure into effect
- until a federal district court rules on its constitutionality.
- </p>
-
- </body></article>
- </text>
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