Banner Graphic, Volume 22, Number 119, Greencastle, Putnam County, 22 January 1992 — Page 2

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THE BANNERGRAPHIC January 22,1992

Court poised to lob abortion into ’92 campaign

WASHINGTON (AP) The Supreme Court, increasingly hostile to abortion, appears poised to undermine the constitutional right it established 19 years ago today. And the court’s timing a decision is expected by July likely will ignite a political powder keg in the midst of the 1992 campaign season. THE JUSTICES SAID Tuesday they will rule on a Pennsylvania law, substantially upheld by a federal appeals court, that restricts women’s access to abortions. At least five of the justices have indicated a willingness to allow states to place some restrictions on that access. The question is whether they will use the Pennsylvania case to reverse the 1973 Roe vs. Wade ruling that made abortion legal. President Bush has called for a reversal, and the Republican party’s 1988 platform included a strong “pro-life” anti-abortion statement. ABORTION RIGHTS advocates believe a decision reversing Roe vs. Wade would spark a “prochoice” backlash in this year’s elections. But they also fear that a murky ruling might gut the 1973 decision without saying so directly, leaving voters confused. There is widespread agreement among activists on both sides that the court’s decision will make abortions more difficult to obtain even if the court

Judge rejects Tyson bid to end case

INDIANAPOLIS (AP) A judge rejected former heavyweight champion Mike Tyson’s bid to

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stops short of overturning Roe vs. Wade. Georgetown law professor Susan Low Bloch said she doubts that the court would use its review of the Pennsylvania law to reverse Roe vs. Wade because “the case doesn’t require it.” “THERE ARE CASES FROM Guam, Utah and Louisiana that will reach the court in which revisiting Roe will be unavoidable,” she said. “I don’t think the court wants to reach out unnecessarily in this case. The way review was granted confirms that intuition.” Harvard law professor Laurence Tribe also predicts the court “may well avoid the ultimate issue” and instead adopt a new standard under which “most restrictions enacted by the states would be allowed.” In competing appeals, Pennsylvania officials and abortion clinic operators in the state invited a broad high court ruling. The court, however, passed over their sweeping legal questions and said it will focus on specific provisions of the state law. The justices could go further, if they choose, when they rule. AT ISSUE ARE PROVISIONS in the Pennsylvania law that, among other things, require: • Doctors to tell women seeking abortions about fetal development and alternatives to abortion. • Women to put off an abortion for 24 hours after receiving such information. • Doctors to keep detailed information, subject to public disclosure, on all abortions performed.

throw out the rape indictment against him because blacks are under- represented in Marion County’s

jury selection process. Tyson, who is black, is scheduled to go on trial Monday on rape, criminal deviate conduct and confinement charges stemming from an alleged assault on an 18-

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• Minors under 18 years old to first get one parent’s consent or judicial approval. • Married women to tell their husbands about a planned abortion. EXCEPT FOR SPOUSAL notice, the 3rd Circuit U.S. Court of Appeals upheld all of the provisions. In 1986 the Supreme Court struck down virtually identical Pennsylvania regulations, ruling by a 5-4 vote that they violated women’s constitutional rights as defined by Roe vs. Wade. Since then the court’s cast has changed, and in 1989 the justices gave states far greater leeway to regulate abortions. THE 3rd CIRCUIT PANEL of judges said the Supreme Court in essence already has turned its back on the 1986 ruling that threw out that state’s earlier abortion regulations. A key to understanding how the appeals court reached that conclusion can be found in one of the pillars of Roe vs. Wade that abortion is a “fundamental right” which states may not impinge on without a compelling interest In recent years, at least five of the high court’s current members have said they’re willing to allow state interference with something less than a compelling interest Although those justices have never been united in a single, definitive majority opinion, one of them Sandra Day O’Connor has favored allow-

year-old Miss Black America contestant in an Indianapolis hotel room last July. MARION SUPERIOR Court Judge Patricia J. Gifford on Tuesday also turned down motions to toss out the case because a potential grand juror was dismissed after acknowledging he knew two witnesses, and to postpone the trial to give defense attorneys more time to review new evidence. That included a tape recording of a 911 emergency call the complainant made 24 hours after the alleged attack and raw film footage of the Miss Black America pageant T\son’s attorneys tried unsuccessfully to persuade Gifford that blacks historically aren’t called for jury duty in Marion County in adequate numbers, thereby violating the Sixth Amendment right to fair trial and 14th Amendment right to equal protection. Jury pools are selected randomly by computer from lists of registered voters. TWO INDIANA University law students testified that a study they conducted showed only 13.34 percent of potential jurors summoned last year were black. U.S. Census Bureau figures showed that 21.24 percent of Marion County’s population was black in 1990. Student Kurt Jones said that only 11 of the 101 potential jurors summoned Jan. 14 for Tyson’s trial were black. Gordon Henderson, a Richmond, Ind., statistical consultant, said that if the juror selection process truly were random, “you would expect to see 21 percent” black. HE SAID CENSUS data also shows that a higher proportion of blacks than whites were registered to vote in Marion County in 1990. “There’s just plain something wrong,” said defense attorney

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ing any state regulation that falls short of being an “undue burden.” IN A SERIES OF abortion rulings, the only burden O’Connor has found to be “undue” is a Minnesota regulation that required young girls to notify both parents about a planned abortion. The state law did not allow girls ever to bypass such notification by getting a judge’s permission. O’Connor was one of the four court dissenters in 1986 who voted to uphold the Pennsylvania regulations. The 3rd Circuit court said O’Connor’s “undue burden” test is the best that abortion rights advocates can hope for from today’s high court, and used that test to uphold most of the Pennsylvania law. A BAROMETER OF how far the justices are willing to go may be Pennsylvania’s spousal notification requirement. The 1973 ruling said unequivocally that in the first three months of pregnancy a woman’s decision to abort is between her and her physician. If states may require women to tell their husbands that such a decision has been made, the court significantly would have wandered from Roe vs. Wade’s wording. But telling a spouse and getting his consent are not the same thing. The court conceivably could allow Pennsylvania’s spousal notification requirement while still pledging allegiance to its 1973 precedent.

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Mike Tyson: Rape trial set to start on Monday

Kathleen Beggs. Gifford denied the motion to throw out the indictment, saying that if there is any under-represen-tation, “it is not due to any systematic exclusion of any group.” “Random selection is a fair system,” she said. GIFFORD ALSO denied inclusion of several last-minute witnesses, including one who would have testified about the boxer’s genitalia and an expert on rape trauma syndrome. Earlier this month, the state had sought as a late witness Dean Kilpatrick, a South Carolina expert on rape victims. Last week, Gifford agreed with a defense objection that Kilpatrick’s name had been

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submitted well past the Nov. 15 deadline for expert witnesses. She declined to reconsider the motion Tuesday. DAVID J. DREYER, chief counsel lor the prosecution, said he didn’t think Kilpatrick’s exclusion would hamper his case. “The (911) tape is the important thing, but I think everybody would have benefited from his testimony,” Dreyer said. “It’s not something that the state’s case lives or dies on. It just would have been helpful to help interpret the tape.” But the complainant’s attorney, David Hennessey, admitted it was a blow. “I THINK THE exclusion of Dr. Kilpatrick is troubling,” Hennessey said after the hearing. Kilpatrick was recruited as an expert witness after prosecutors learned of the 911 call in late December while taking the complainant’s deposition. The psychologist, who heads a Charleston, S.C., rape research and treatment center, also was barred from testifying as a last-minute witness in the William Kennedy Smith rape case in Florida last month. Smith, the nephew of U.S. Sen. Edward Kennedy, was acquitted. Jury selection, scheduled to begin Monday, is estimated to last up to three days. More than 50 witnesses are scheduled to testify at the trial, which could last at least three weeks.

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