http://www.womensenews.org/article.cfm/dyn/aid/2534Ayotte Case Could Dramatically Weaken Roe
Run Date: 11/22/05
By Cynthia L. Cooper
WeNews correspondent
A case coming before the Supreme Court on Nov. 30 will consider whether advocates can continue to head off state anti-abortion laws on constitutional grounds. That means a legal wall of protections around abortion could crumble.
(WOMENSENEWS)--An abortion case coming before the U.S. Supreme Court on Nov. 30 from the State of New Hampshire could vastly reshape and curtail women's right to choose, according to legal reproductive rights advocates.
The key question before the Supreme Court is whether anti-abortion laws passed by states may be challenged in court as unconstitutional before they take effect. Bringing these challenges, as currently happens, prevents many restrictions passed by anti-abortion legislatures from interfering with a woman's right to choose, whether bans on abortion procedures, spousal notification and others.
By changing the legal standard for when an abortion restriction can be challenged in court, anti-abortion laws could quickly entangle women across the country, without directly overturning Roe v. Wade, the 1973 Supreme Court case that held that states could not criminalize abortion in all circumstances.
"This is an incredibly important case. Depending on how the court rules, this could be a really critical moment for the pro-choice movement," said Jennifer Dalven, deputy director of the New York-based Reproductive Freedom Project of the American Civil Liberties Union, which represents a doctor and three clinics challenging abortion restrictions passed in New Hampshire.
The case, Ayotte v. Planned Parenthood of Northern New England, lies far below the radar of the general public and even many pro-choice activists. Those who are aware of it think of it as a case about parental notification on abortion. But its implications, said Dalven, go far beyond.
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