Section A·Page 8
The University Daily Kansan
Wednesday, April 26, 2000
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High court reviews controversial abortion ban
The Associated Press
WASHINGTON — In the Supreme Court's most important abortion case since 1992, six of the nine justices voiced concern yesterday about a Nebraska law, similar to laws in 29 other states, banning a surgical procedure opponents call "partial-birth abortion."
The emotional issue of abortion returned to the nation's highest court with noisy sidewalk demonstrations outside the courtroom hearing.
"The state interest here is drawing a bright line between abortion and infanticide," Nebraska Attorney General Don Stenberg argued in seeking reinstatement of a law that made it a crime for doctors to perform late-term abortions.
But Simon Heller, representing a Nebraska doctor, said none of the state's purported interests was sufficient to override a woman's interest in her health and bodily integrity.
He said the Nebraska law was so broadly written it could prohibit most second-trimester abortions and lead to making all abortions more dangerous for women.
Questions and comments from two key justices — Sandra Day O'Connor and Anthony M. Kennedy — indicated concern about the state law's sweep.
O'Connor noted that the procedure Stenberg said was the target of Nebraska's ban might be very similar to a type of abortion used far more often.
Partial-birth abortion is not a medical term. Doctors call the method dilation and extraction, or D&X, because it involves partially extracting a fetus, legs first, from the uerus into the birth canal, where the skull is cut and its contents drained.
A more common procedure is dilation and evacuation, or D&E, in which an arm or leg of a live fetus may be pulled into the birth canal
"The state here is drawing a bright line between abortion and infanticide."
Don Stenberg
Nebraska Attorney General
during the abortion operation.
causing both methods grusese, O'Connor asked Stenberg, "Do you take the position that the state of Nebraska could also prohibit D&E abortions for pre-viability pregnancies?"
When Stenberg said he did not take that position for purposes of this case, O'Connor shot back, "It is difficult to read the statute and think that is so."
Justices David H. Souter, John Paul Stevens, Ruth Bader Ginsburg and Stephen G. Breyer seemed to doubt the Nebraska law's constitutionality.
Chief Justice William H. Rehnquist and Justice Antonin Scalia, who along with Justice Clarence Thomas voted in 1982 to let states ban all abortions, were clearly more sympathetic to the Nebraska law.
Scalia discussed the horror of D&X abortions, which he repeatedly described as taking a living, unborn child from the uterus and killing that unborn child.
The 1992 ruling — the court's most recent major abortion decision — reaffirmed the core holding of the court's 1973 Roe vs. Wade decision. That landmark ruling said women had a constitutional right to end their pregnancies.
Nebraska's law, along with those in Arkansas and Iowa, were invalidated by a unanimous three-judge panel of the 8th U.S. Circuit Court of Appeals. But a month later, another federal appeals court upheld partial-birth abortion laws in Wisconsin and Illinois.
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