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  • Title: High court hears clinic blockade case, as appeals court upholds abortion law.
    Journal: Wash Memo Alan Guttmacher Inst; 1991 Oct 31; (17):2-3. PubMed ID: 12284473.
    Abstract:
    2 cases concerning abortion before the U.S. Supreme Court during the 1991-1992 session, Bray v. Alexandria Women's Clinic, and Planned Parenthood of Southeastern Pennsylvania v. Casey, are explained. The Bray case involves organized protests by the antiabortion group Operation Rescue against abortion clinics. The clinics cited a 19th century law that forbids conspiracies that deprive certain classes of people their rights of equal protection of law. The lawyers for Operation Rescue maintain that abortion seekers are not any particular class of people, and therefore the clinics should have pressed charges in local courts against trespass laws. The clinics contend that women seeking abortion are a class of people whose rights of choice in reproduction are abridged by the protests. They realize that a winning federal case would be more effective a weapon against such organized protests than having to mount many local trespass suits. The Pennsylvania case is an appeal of a state law that sets conditions such as waiting periods, notification of spouse, and information that the physician must provide about potential complications, and alternatives to abortions. The case is newsworthy because in it the Court of Appeals used less stringent legal standards to interpret the existing Roe v. Wade regulations. If a less stringent standard of review comes into effect, older decisions regarding abortion since Roe v. Wade may no longer be binding.
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