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TIME: Almanac 1990
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1990 Time Magazine Compact Almanac, The (1991)(Time).iso
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01238900.002
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1990-09-17
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LAW, Page 55Pro-Choicers Gird for BattleThe court prepares to hear a key abortion case
After completing their medical-history forms, patients at the
Hope Clinic for Women in Granite City, Ill., are asked an unusual
question: Would they be willing to write a letter thanking the nine
U.S. Supreme Court Justices for the right to have an abortion? Few
refuse. Says Lori, 30, a businesswoman who terminated her pregnancy
there earlier this month: "It really makes me mad that they are
trying to outlaw it."
For months, pro-abortion advocates have been desperately trying
to harness the anger of women like Lori. The reason: they fear that
the high court, with its newly conservative majority, may tamper
with the landmark Roe v. Wade ruling, which legalized abortion
nationwide in 1973. Last week the court seemed to take a tentative
step in that direction by announcing that it will hear Webster v.
Reproductive Health Services. The case involves a 1986 Missouri
abortion law that would have put a number of obstacles in the way
of a woman seeking abortion.
Defenders of abortion rights have good reason to be concerned.
Says Duke University Law Professor Walter Dellinger: "This is not
a case that needs to be heard unless the court wants to review Roe
v. Wade." Since the court's last major abortion ruling in 1986,
Justice Lewis Powell, who was part of the pro-choice majority, has
been replaced by Justice Anthony Kennedy. Choice advocates feel
Kennedy would not have been appointed unless President Reagan
believed he was willing to strike down Roe. The increasingly vocal
right-to-life supporters, smelling possible victory for their
cause, were delighted by the court's decision to hear the Missouri
case.
Galvanized by the threat to Roe, pro-choice groups have
embarked on an all-out lobbying effort. The National Organization
for Women is planning a huge march in Washington on April 9. The
National Abortion Rights Action League is organizing a drive to
send a million postcards to the high court. Another tactic is to
elicit a large outpouring of friend-of-court briefs from groups
like bar associations, civil rights organizations, Senators and
Congressmen, and population-control organizations.
The choice forces also hope to persuade the American Medical
Association to file a brief on the medical advantages of legal
abortions. Advocates of such operations see them as the only safe
alternative to often fatal clandestine methods, symbolized by the
coat-hanger emblems on many pro-choice posters. The view that
abortion at least does not harm women got a boost last week from
a surprising source: Surgeon General C. Everett Koop, who, after
a year of study, found no proof that women obtaining legal
abortions suffered a greater incidence of physical or psychological
harm than women who brought their pregnancies to term.
Some critics of the pro-choice strategy argue that efforts to
lobby the court may do more harm than good. "A letter-writing
campaign is a wonderful thing to do if you're trying to persuade
Congress or the Missouri legislature," says an experienced Supreme
Court lawyer. "It's not what you do to the Supreme Court of the
United States." But NOW President Molly Yard counters that "the
court is influenced by public opinion, as is every other political
institution in this country." The truth of that claim, like the
future of abortion rights, may be put to a decisive test this term.