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Thursday, November 30, 1989 / University Daily Kansan
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Court reviews abortion-notification laws
The Associated Press
WASHINGTON — The Supreme Court was asked yesterday to rule that most young girls have no right to abortions without first telling their parents.
The justices, who have allowed limits on the availability of abortions for minors in the past, questioned lawyers defending and attacking parental-notification laws in Minnesota and Ohio.
In two hours of relatively narrow arguments, they gave no sign they are considering the broader possibility of scrapping the court's 1973 Roe v. Wade decision that legalized abortion — an idea much discussed outside the court whenever they take up any abortion case.
"The court showed no interest in overturning a woman's constitutional right to abortion," Cleveland lawyer Linda Sogg said after the argument session in which she
attacked the Ohio law.
Minnesota Chief Deputy Attorney General John Tunheim agreed. "I don't think Roe should be on the table in this case," he told reporters after defending his state law before the court.
Last July, the court voted 5-4 to give states more authority to regulate abortions for all women. Four justices appeared ready to go even further and overturn Roe vs. Wade, but, Justice Sandra Day O'Connor refused.
Groups on both sides of the abortion issue had looked to the court this term to help clarify its allegiance to the 1973 decision.
But settlement of an Illinois dispute over regulating abortion clinics — a case that was to be argued before the justices next month — may have eliminated the greatest immediate threat to Roe vs. Wade. The Illinois settlement still must be approved by a federal judge.
O'Connor is expected to play the pivotal role again in the Minnesota and Ohio cases, to be decided by July. At issue in both are laws requiring parents to be notified before abortions are performed on unmarried girls under 18; who are still supported by parents.
About half the states have laws requiring parental notification — or even parental consent — in such cases, but most of the laws have been invalidated after court challenges.
Nationalwide, about 40 percent of the nearly 1 million teen-aggers who become pregnant each year seek abortions. Of the 1.5 million legal abortions performed annually since 1973, about 12 percent — 180,000 a year — have been for girls 17 and younger.
The Ohio law requires that one of a minor's parents be notified by a doctor at least 24 hours before an abortion is performed. The girl can avoid telling her parent if she per-
sudes a judge she is mature enough to make the decision on her own or that telling her parents is not in her best interest.
The Minnesota law requires that the minor's two biological parents be notified at least 48 hours before she is legally allowed to bypass alternative also is provided.
Both Tunheim, Minnesota's lawyer, and Ohio Assistant Attorney General Rita Eppler argued that states do not have to provide a judicial alternative in such cases. But because both states do provide them, the court might not have to say.
The court in 1981 allowed states to require parental notification before minors' abortions, but the focus in that Utah case was limited to how the state law was applied to "immature" minors.
The Minnesota law was in effect for five years before being ruled unconstitutional by a federal judge.
Andy Warhol art recovered
The Associated Press
Seven persons were arrested, said police spokesman Kees Rameau. The suspects were not identified, but Rameau said they included two Britons and two Yugoslavs.
AMSTERDAM, Netherlands — Police seized 81 Andy Warhol lithographs that had been stolen from a West German art gallery two months ago, police said yesterday.
The lithographs were stolen from an art gallery near Bonn in September as part of a theft of artwork with an estimated value of $3 million, Rameau said.
Fourteen of the lithographs were seized when a Dutch art dealer tried to sell them to two unidentified customers in an Amsterdam hotel, Rameau said.
Case
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Another state document cited was the state guardianship statute because it places a duty on the guardian to obtain medical treatment, leaving no provision for the termination of it.
To prove the court's interest in life, several state statutes were cited, including the preamble to the state abortion statute granting the right to life to all humans. Also within the abortion statute, viability is defined as the period of time when the fetus could be sustained outside the womb on artificial life support systems.
Don Marquis, KU associate professor of philosophy, said he thought the Missouri Supreme Court decision was correct under Missouri law. He said he didn't agree that the Nancy Cruzan case concerned the right to die.
state statutes directly to Cruzan but used them to establish the state's unqualified interest in life. The justices decided that even if Cruzan retained the constitutional right to refuse medical treatment, it could occur only if she had signed a living will before the accident or if the treatment caused pain.
Marquis will be teaching a Spring 1990, philosophy course on death, dying and modern medicine.
The majority did not apply the
"I believe the Missouri Supreme Court decision is sound because it is the only basis you have under the law as I understand it and as the Missouri Supreme Court understands it," he said. "For removing the tube, you have to either have clear evidence of her wishes, such as a living will or if we ask her and she makes a clear and thoughtful decision in which she had weighed both sides, which she can't do.
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"Nancy Cruzan doesn't meet either condition."
Marquis said that the only court evidence was a report of a friend of Cruzan from a serious conversation the two women had. He said that evidence would be considered hear-say in any other court.
He said that from a moral standpoint, he agreed with the family's decision because if the doctors were correct, from Cruzan's point of view, her life would have no value.
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But he said removing the tube would be homicide under Missouri
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"The problem is as follows: If you're talking about life and death decisions, you need clear evidence of her wishes. The tube does, in some sense, benefit her because it keeps her alive. It's not a burden."
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"The Cruzan case is complicated," he said. "It involves several elements: Is it ever right to withhold food and water from someone? What's the role of the family? Is it ever right to make a quality-of-life judgement?
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