2A •o NEWS/Vtt CtatUmt $o«t Thursday, December 1, 2005 Ayotte case may alter U.S. abortion Continued from page 1A ticai proposals from taking effect States could enact rashes of anti-abortion laws, while severely limiting the ability of lawyers to get a hearing on whether the laws violated the con- StitUti(HL *Roe has been chij^sed away for years. If this goes the wrong way, it would permit states to enact more and more Watantly unconstitutican- al restrictions," said Dalven, who will argue the case in the U.S. Supreme Court, Ihe case is a stealth attack on Roe, said Dalven. By taking out the backbone of judicial protection, it could leave Roe as a spineless shell. The name Ayotte in the case belongs to New Hampshire Attcnney General Kelly A. Ayotte Jdning with Ayotte, the Bush administration has asked the U.S. scdidtor general to appear before the Supreme Court, arguing that the New Hampshire law is constitutional. Ayotte and the solicitor general argue that states should have the ri^t to enact abortion restric tions without encountering head-on legal chal lenges to their constitutionality Under the approach proposed by Ayotte and the Bush administraticMi an anti-abca*tion law could not be challenged as unacceptable on its face, or “fadally invalid," except under the rarest circumstances. Ayotte and the administration argue that a law should be brought into court only at the time that a woman suffers iiyury, for example, when the anti-abortion provision is applied to her situation and she is denied the service. (In legal terminology, this would be called an ‘’as- applied” basis.) Only then (X)uld lawyers show that the law is unconstitutional. If the Supreme Court agrees with Ayotte and the Bush administration, the case could gut the pro-choice provisions of a 1992 Supreme Court decision. Planned Parenthood of Southeastern Pennsylvania v. Casey which crafted a compro mise on abOTtion. In Casey, the court preserved the core prind- ples of a woman’s right to choose, but gave states much more leeway to pass anti-abortion restrictions so long as they provide protections for women’s life and health and do not place an ‘’undue burden’ on women’s ability to exerdse thdr rights prior to the ability of a fetus to sur vive outside the womb. In Casey, the justices permitted Pennsjdvania to institute waiting periods before abortions could be performed and to mandate that doc tors read a prepared statement, intended to dis courage patients ftx)m an abortion. But the court did not permit a provision requiring a married woman to notify her hus band of a {^ending abortion because it might endanger some women who would encounter domestic violence or interference. The current nominee for the court, Samuel A. Alito, wrote an opinion in the low^-court review of Casey that said the provision requir ing married women to notify their spouses should be upheld. In the years since Casey was dedded, more than 400 abortion restrictions have been passed by anti-abortion state lawmakers. Many are challenged in court before they take effect by doctors, who ai^ue that the laws are uncon stitutional invasions of the right to privacy and will harm future patients. In the late 1990s, for example, over two dozen state laws banning certain abortion procedures were blocked by legal challenges fium doctors, who argued that the laws were overreaching, would subject the doctors to arrest and inter fered with women’s health. ‘’After a law goes into effect, it’s very hard to challenge it. Most women don’t want to reveal they are seeking an abortion. There is a time pressure. It’s very much more difficult,” said Kathryn Kolbert, an attorney in Philadelphia who represented pro-choice groups in Casey The 2003 New Hampshire law at issue in Ayotte subjects doctors to criminal and dvil penalties if they do not notify the parent of a teen 48 hours before performing an abortion. It never took effect. Instead, it was challenged in court by Dr. Wayne Goldn^ and several clinics. ‘Tn an emergency I need to be able to go to the hospital not a courthouse,” Goldner said in a statement. The validity of parental notification pei* se will not be considered by the Supreme Court. Beyond the legal standard fcM* when an abor tion restriction can be challenged in court, a sec ond question the court will review is whether the New Hampshire law must have an excep>- tion to parental notification if a young woman’s health is in peril. The federal district court for New Hampshire and the First U.S. (Circuit Court of Appeals, based in Boston, found the law invalid for this reason. Justice Sandra Day O’Connor, a pvotal mid dle-ground vote on abortion cases, will be pre sent for the oral argument but might not be part of the court’s decision She is slated to step down immediately upon the confirmation of a successor. If remaining justices are evenly divided, the court could call for new oral argu ments with her replacement. The ^otte case will be one of the first abor tion cases heard by new Chief Justice John Roberts. Pressure mounting for California governor to spare Clips founder Continued from page 1A He was convicted by an all- white jury for the murders of four people in 1979 during two separate robberies. In his original trial, the main evidence against Williams was the testimony of jailhouse informants who appeals courts have admit ted had "an incentive to lie in order to obtain leniency fix)m the state.S None of the physical evi dence found at the crime scenes could be linked to Williams, A witness" descrip tion of a suspect seen leaving one of the scenes did not fit Williams, either. A shotgim shell supposedly matched a weapon Williams had bought»several years earlier, but that gim was in the possession of a couple facing serious felony charges After they claimed that Williams had confessed to them, the investigation against them was dropped. Inflation rTotedion Piwect yoor aiings from the ups md downs of mfbuion with the new Scries I Bond from the Ui. Treasury: And I Bonds ate available at most Rnandal institutions. Call 1.800-4U5 BOND for more infonnatian. JLII IBontis 1 piit Mncr d lb fiMatn The trial was later moved from Los Angeles to Tbrrance, a predominantly white, conservative area, and prosecutor, Robert Martin, not only successfully cliallenged all the Afiiceui- / Americans in the jury pool, but was said to have used inflammatory "racist" lan guage. In his closing argument, Martin likened WiUiams to a Bengal tiger in the zoo and said that "in his environ ment, “he would behave like the tiger in its natural habi tat. The state Supreme Court later censured Martin twice for his racist practices. Death sentences he won in Men’s Fur Sale Off RfriPHfcP Special Mens Mink Reversible To leather $995 twp other cases were over turned because of racism. In the clemency petition filed to California Supreme Court calls on Schwarzenegger to "save Stanley Wiliams in the name of so many who see this man as a symbol of hope and purpose in their own lives.” As the countdown approaches a lawyer for the Wiliams camp, Jonathan Harris, expressed hope of a victory *1 think (5ov. Schwarzenegger is a consci entious man and we trust that he will take this matter very seriously” he said. MINK FOX COYOTE E ARED MINK phis more l.r*iUirfs i Cleaning, Ghiing, Ref>airs and Rest/i^. 2-liMi R4RKROAD The tVmrnard - L«»wr U'VC"! 7t>4..W-5I61 Iferris Teeter mamdsMEXmmil sms ■j

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