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<text id=92TT1407>
<title>
June 22, 1992: Tune In Next Term
</title>
<history>
TIME--The Weekly Newsmagazine--1992
June 22, 1992 Allergies
</history>
<article>
<source>Time Magazine</source>
<hdr>
THE WEEK, Page 25
NATION
Tune In Next Term
</hdr><body>
<p>The Supreme Court bumps an abortion-clinic case
</p>
<p> Is the Supreme Court evenly split on one of the most closely
watched cases of the current term? That may be the meaning of
its decision last week to put off until next year a ruling on
Bray v. Alexandria Women's Health Clinic, a case with important
implications for the continuing street battles over abortion. It
would decide whether courts can use an 1871 law intended to curb
the Ku Klux Klan as a device to halt violent antiabortion
demonstrations and clinic blockades. Three years ago, a federal
court relied on the old law, which prohibits conspiracies that
aim to deprive people of their civil rights, to order the
antiabortion group Operation Rescue to stop blocking the
entrance of a clinic in Alexandria, Va. Last year, in what
looked like a signal to the antiabortion wing of the G.O.P., the
Bush Administration joined the case on the side of Operation
Rescue.
</p>
<p> As is usual when the Justices postpone a ruling, they gave
no reason. But one strongly suggests itself. It was a court of
only eight members that heard the case last fall: at that time,
Justice Clarence Thomas had not yet joined the bench. Last
week's decision to delay raised the possibility that the other
eight were stuck in a 4-to-4 deadlock. If so, Thomas, who will
be present when the case is reargued at the court's next term,
may now possess the crucial, tie-breaking vote.
</p>
</body></article>
</text>