Richmond, Va., Oct 1, 2019 / 04:13 pm (CNA).- A federal judge on Monday overturned two Virginia restrictions on abortion, while upholding several others, saying, “the right to choose to have an abortion is not unfettered.”
“In addition to a woman’s personal liberty interest, the state has profound interests in protecting potential life and protecting the health and safety of women,” wrote U.S. District Judge Henry Hudson, citing Supreme Court precedent.
“The state, therefore, may take measures to further these interests so long as it does not create a substantial obstacle that unduly burdens a woman’s right to choose.”
Hudson ruled Sept. 30 in a case filed last year by abortion advocacy groups including the Center for Reproductive Rights, Planned Parenthood Federation of America, and the Falls Church Healthcare Center. The suit challenged a series of abortion regulations enacted in Virginia.
Hudson upheld a state law requiring an ultrasound and a 24-hour waiting period before an abortion, calling the legislation “a persuasive measure by the State to encourage women to choose childbirth rather than abortion, which is a valid basis upon which to regulate abortion so long as the measure does not amount to a substantial obstacle to access.”
The judge also upheld unannounced inspections of abortion clinics, as well as a law mandating that only physicians may perform abortions. He noted that the state has a legitimate interest in ensuring the safety of abortion procedures.
“Given the potential risk that can arise in the later stages of second trimester abortions, limiting such procedures to physicians only is well-justified, even though it may impose an increased burden on rural residents, especially those who are living at or near the poverty line,” he said.
Hudson overturned a state law requiring clinics that perform first-trimester abortions to meet the health and safety standards of hospitals, saying that safe conditions could be ensured without this requirement, and pointing to previous Supreme Court rulings invalidating similar restrictions.
He also rejected a rule that second-trimester abortions take place in a hospital, saying that medical advancements render this requirement unnecessary for nonsurgical abortions taking place before the baby is viable outside the womb.
“The evidence has revealed minimal medical necessity for requiring non-surgical second trimester abortion procedures to be performed in licensed hospitals. On the other hand, the burden is significant, particularly with respect to costs and availability,” he ruled.
Victoria Cobb, president of the Family Foundation of Virginia, applauded the ruling, according to the Richmond Times-Dispatch, saying, “Once again the abortion industry failed in their zealous attempt to use the courts to do their bidding.”
Rosemary Codding, head of the Falls Church Healthcare Center, said she was “disappointed that our patients did not get their constitutionally-protected right to accessing health care without legislative interference that they are entitled to and that they deserve,” the Times-Dispatch reported.
Virginia is one of several states with abortion regulations being challenged in court. More than a dozen lawsuits have been filed this year against state laws restricting abortion.
Olivia Gans Turner, president of Virginia’s National Right to Life state affiliate, argued in May that raising safety standards surrounding abortion procedures protects the health of women, noting, “Laws requiring that ‘physicians only’ perform abortions exist in 40 states.”
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Thousands of pro-life advocates gathered outside the U.S. Supreme Court in Washington, D.C., on Dec. 1, 2021, in conjunction with oral arguments in the Dobbs v. Jackson Women’s Health Organization abortion case. / Katie Yoder/CNA
Washington D.C., Dec 2, 2021 / 08:04 am (CNA).
Anna Del Duca and daughter, Frances, woke up at 5 a.m. Wednesday morning to brave the 30-degree weather outside the U.S. Supreme Court in Washington, D.C. They arrived hours before oral arguments began in the highly-anticipated abortion case, Dobbs v. Jackson Women’s Health Organization.
The case, which involves a Mississippi law restricting most abortions after 15 weeks, challenges two landmark decisions: Roe v. Wade, the 1973 ruling that legalized abortion nationwide, and Planned Parenthood v. Casey, which upheld Roe in 1992.
“We’re looking forward to the end of Roe versus Wade in our country,” Anna, who drove from Pittsburgh Tuesday night, told CNA. In her hands, she held a sign reading, “I regret my abortion.”
Anna Del Duca (right) and her daughter, Frances, traveled from Pittsburgh to attend a pro-life rally outside the U.S. Supreme Court on Dec. 1, 2021, in conjunction with oral arguments for the Dobbs v. Jackson Women’s Health Organization abortion case. Katie Yoder/CNA
“I would like to use my testimony to be a blessing to others,” she said, so that “others will choose life or those who have regretted abortion or had an abortion would turn to Jesus.”
Anna remembered having an abortion when she was just 19. Today, she and her daughter run a group called Restorers of Streets to Dwell In Pittsburgh that offers help to women seeking healing after abortion.
Anna and Frances were among thousands of Americans who rallied outside the Supreme Court before, during, and after the oral arguments. To accommodate them, law enforcement closed the street in front of the court. Capitol police also placed fencing in the space in front of the building in an attempt to physically separate rallies held by abortion supporters and pro-lifers.
At 21-weeks pregnant, pro-life speaker Alison Centofante emceed the pro-life rally, called, “Empower Women Promote Life.” The event featured a slew of pro-life women of diverse backgrounds and numerous politicians.
“It’s funny, there were so many diverse speakers today that the only unifying thread was that we want to protect preborn children,” Centofante told CNA. They included Democrats, Republicans, Christians, Catholics, agnostics, atheists, women who chose life, and women who regretted their abortions, she said.
She recognized women there, including Aimee Murphy, as people who are not the typical “cookie cutter pro-lifer.”
Aimee Murphy, 32, founder of pro-life group Rehumanize International, arrived at the Supreme Court around 6:30 a.m. She drove from Pittsburgh the night before. Her sign read, “Queer Latina feminist rape survivor against abortion.”“At Rehumanize International, we oppose all forms of aggressive violence,” she told CNA. “Even as a secular and non-partisan organization, we understand that abortion is the most urgent cause that we must stand against in our modern day and age because it takes on average over 800,000 lives a year.”
She also had a personal reason for attending.
“When I was 16 years old, I was raped and my rapist then threatened to kill me if I didn’t have an abortion,” she revealed.
“It was when he threatened me that I felt finally a solidarity with unborn children and I understood then that, yeah, the science told me that a life begins at conception, but that I couldn’t be like my abusive ex and pass on the violence and oppression of abortion to another human being — that all that I would be doing in having an abortion would be telling my child, ‘You are an inconvenience to me and to my future, therefore I’m going to kill you,’ which is exactly the same thing that my rapist was telling me when he threatened to kill me.”
On the other side of the police fence, the Center for Reproductive Rights and the National Abortion Access Coalition and NARAL Pro-Choice America participated in another rally. Yellow balloons printed with the words “BANS OFF OUR BODIES” escaped into the sky. Several pro-choice demonstrators declined to speak with CNA.
Voices clashed in the air as people, the majority of whom were women, spoke into their respective microphones at both rallies. Abortion supporters stressed bodily autonomy, while pro-lifers recognized the humanity of the unborn child. Chants arose from both sides at different points, from “Whose choice? My choice!” to “Hey hey, ho ho, Roe v. Wade has got to go!”
At 10 a.m., the pro-life crowd sudddenly went silent as the oral arguments began and the rally paused temporarily as live audio played through speakers.
Hundreds of students from Liberty University in Lynchburg, Virginia, traveled to Washington, D.C. for a pro-life rally outside the U.S. Supreme Court on Dec. 1, 2021, in conjunction with oral arguments in the Dobbs v. Jackson Women’s Health Organization abortion case. Katie Yoder/CNA
During the oral arguments, students from Liberty University knelt in prayer. One student estimated that more than a thousand students from the school made the more than 3-hour trip from Lynchburg, Virginia.
“Talking about our faith is one thing, but actually acting upon it is another,” he said. “We have to be the hands and feet of Jesus Christ. So to me this is part of doing that.”
Sister Mary Karen, who has been with the Sisters of Life for 21 years, also stressed the importance of prayer. She drove from New York earlier that morning because, she said, she felt drawn to attend. She came, she said, to pray for the country and promote the dignity of a human person.
“Our culture is post-abortive,” she explained. “So many people have suffered and the loss of human life is so detrimental, just not knowing that we have value and are precious and sacred.”
Theresa Bonopartis, of Harrison, New York, was among the pro-life demonstrators outside the U.S. Supreme Court on Dec. 1, 2021. She runs a nonprofit group called Entering Canaan that ministers to women and others wounded by abortion. Katie Yoder/CNA
She stood next to Theresa Bonopartis, who traveled from Harrison, New York, and ministers to women and others wounded by abortion.
“I’ve been fighting abortion for 30 years at least,” she told CNA.
Her ministry, called Entering Canaan, began with the Sisters of Life and is observing its 25th anniversary this year. It provides retreats for women, men, and even siblings of aborted babies.
Abortion is personal for Bonopartis, who said she had a coerced abortion when she was just 17.
“I was kicked out of the house by my father and then coerced into getting an abortion,” she said. “Pretty much cut me off from everything, and that’s something people don’t really talk about … they make it try to seem like it’s a woman’s right, it’s a free choice. It’s all this other stuff, but many women are coerced in one way or another.”
She guessed that she was 14 or 15 weeks pregnant at the time.
“I saw my son. I had a saline abortion, so I saw him, which I always considered a blessing because it never allowed me to deny what abortion was,” she said. Afterward, she said she struggled with self-esteem issues, hating herself, guilt, shame, and more. Then, she found healing.
“I know what that pain is like, I know what that experience is like, and you know that you can get past it,” she said. “You just want to be able to give that message to other people, that they’re able to heal.”
Residents of Mississippi, where the Dobbs v. Jackson case originated, also attended.
Marion, who declined to provide her last name, drove from Mississippi to stand outside the Supreme Court. She said she was in her early 20s when Roe v. Wade was decided in 1973.
“At the time, of course, I could care less,” she said. Since then, she had a change of heart.
“We were the generation that allowed it,” she said, “and so we are the generation who will help close that door and reverse it.”
Marion, who declined to provide her last name, was among those who attended a pro-life rally outside the U.S. Supreme Court on Dec. 1, 2021, from Mississippi, where the Dobbs v. Jackson Women’s Health Organization abortion case originated. Katie Yoder/CNA
The crowd at the pro-life rally included all ages, from those who had witnessed Roe to bundled-up babies, children running around, and college students holding up homemade signs.
One group of young friends traveled across the country to stand outside the Supreme Court. They cited their faith and family as reasons for attending.
Mathilde Steenepoorte, 19, from Green Bay, Wisconsin, identified herself as “very pro-life” in large part because of her younger brother with Down syndrome. She said she was saddened by the abortion rates of unborn babies dianosed with Down syndrome.
Juanito Estevez, from Freeport, a village on Long Island, New York, at a pro-life rally outside the U.S. Supreme Court on Dec. 1, 2021. Katie Yoder/CNA
Juanito Estevez, from Freeport, a village on Long Island, New York, arrived Tuesday. He woke up at 6 a.m. to arrive at the Supreme Court with a crucifix in hand.
“I believe that God is the giver of life and we don’t have the right [to decide] whether a baby should live or die,” he said.
He also said that he believed women have been lied to about abortion.
“We say it’s their right, and there’s a choice,” he said. When girls tell him “I have the right,” his response, he said, is to ask back, “You have the right for what?”
Mallory Finch, from Charlotte, North Carolina, was among the pro-life demonstrators outside the U.S. Supreme Court on Dec. 1, 2021.
Mallory Finch, from Charlotte, North Carolina, also woke up early but emphasized “it was worth it.” A pro-life podcast host, she called abortion a “human-rights issue.”
“I hope that it overturns Roe,” she said of the case, “but that doesn’t mean that our job as pro-lifers is done. It makes this, really, just the beginning.”
President Ronald Reagan and his Supreme Court justice nominee Sandra Day O’Connor on July 15, 1981. / Public Domain
CNA Newsroom, Dec 1, 2023 / 17:40 pm (CNA).
Former U.S. Supreme Court justice Sandra Day O’Connor, a swing vote who became a key part of the court’s longtime abortion-supporting majority, died Friday. She was 93 and had been suffering from dementia for several years.
Born Sandra Day in El Paso, Texas, in 1930, she grew up on a ranch in eastern Arizona. She was baptized an Episcopalian and later attended Episcopal churches as an adult.
She went to Stanford and Stanford Law School at a time when few women did either. As an undergraduate, she dated future Supreme Court colleague William Rehnquist and turned down an offer of marriage from him. Instead, she married another fellow law school student, John O’Connor.
As a female lawyer during the 1950s, she initially had trouble getting work but eventually joined a prosecutor’s office. She took five years off from practicing law after the birth of the second of her three children to tend to them.
In 1965 she joined the office of the Arizona attorney general, a Republican, after campaigning the year before for the Republican nominee for president, Barry Goldwater, a fellow Arizonan. In 1969 the governor appointed her to fill a vacancy in the Arizona Senate, where she rose to become majority leader. She left in 1974 for a state judgeship, eventually rising to the Arizona Court of Appeals, which is the second-highest court in the state.
O’Connor and abortion
President Ronald Reagan nominated O’Connor to the U.S. Supreme Court in July 1981, fulfilling a campaign promise to name the first woman to the nation’s highest court.
Reagan was unaware at the time of her selection that O’Connor as a Republican state senator in the 1970s supported abortion, according to conservative columnist Robert Novak’s 2007 autobiography “The Prince of Darkness.” When social conservatives erupted over the announcement, Reagan asked his attorney general to check on complaints about her.
The task went to a young aide, who called O’Connor and reported in a memo that she said she could not recall how she had voted on a 1970 bill seeking to legalize abortion in the state — even though she was a co-sponsor of it. (Before the Internet, it wasn’t easy to check such information.)
She also told the aide — Kenneth Starr, who later served as independent counsel investigating President Bill Clinton during the 1990s — that she “had never had any disputes or controversies” with the leader of the pro-life movement in Arizona, according to a memo Starr wrote. But the pro-life leader told Novak a couple of days later that she had frequently clashed with O’Connor, calling her “one of the most powerful pro-abortionists in the Senate.”
Even so, O’Connor’s nomination went forward and sailed through the U.S. Senate.
Once she joined the court, O’Connor’s position on abortion wasn’t immediately clear. In 1986, she voted with the minority in a 5-4 ruling that struck down a Pennsylvania law that required abortion providers to inform a woman seeking an abortion about fetal development and about “detrimental physical and psychological effects” and “particular medical risks” of an abortion.
O’Connor in her dissent called the court’s abortion decisions to that time “a major distortion in the Court’s constitutional jurisprudence” and said the majority’s decision in the case before it, Thornburgh v. American College of Obstetricians and Gynecologists, “makes it painfully clear that no legal rule or doctrine is safe from ad hoc nullification by this Court when an occasion for its application arises in a case involving state regulation of abortion.”
But her most memorable abortion vote came in the 1992 case Planned Parenthood v. Casey, in which she joined the 5-4 majority in upholding what the court called the “essential holding” of Roe v. Wade that abortion is a “fundamental right” before a fetus is capable of living outside the womb.
In Casey, O’Connor co-wrote the plurality opinion that continued a federal right to abortion for another 30 years.
‘Loosen up, Sandy’
O’Connor was a key player in other landmark decisions as well.
In 1986, she joined the majority in the 5-4 decision Bowers v. Hardwick, which upheld as constitutional a state statute in Georgia that criminalized sodomy. (The court overturned that ruling in 2003 in Lawrence v. Texas; O’Connor joined the 6-3 majority, though she made a distinction between the two cases because Texas’ law banned sodomy only between two members of the same sex, while Georgia’s statute banned sodomy generally.)
In 2003, O’Connor wrote the majority opinion in the 5-4 decision Grutter v. Bollinger, which upheld affirmative action based on race in public university admissions. (The U.S. Supreme Court overturned the Grutter decision in June 2023 in Students for Fair Admissions v. Harvard.)
In 2005, she sided with the 5-4 majority in McCreary County v. American Civil Liberties Unionthat found that displays of the Ten Commandments at two state courthouses in Kentucky violated the Constitution.
She is perhaps better remembered, though, for what happened during a social occasion several years after she joined the court.
In 1985, O’Connor went to a black-tie event in Washington where she was seated near John Riggins, a Washington Redskins star running back, who had drunk “a few beers” and two double scotches before knocking over and spilling four bottles of wine on the table.
O’Connor had previously said she had to leave early and was in the process of doing so when Riggins, trying to get her to stay, piped up: “Loosen up, Sandy baby.”
He then passed out.
O’Connor got a kick out of it and got big laughs when she made a reference to it at the beginning of a speech a few days later.
Retirement
O’Connor retired from the court in January 2006 at age 75 to spend time with her husband, who had been diagnosed with Alzheimer’s disease around the early 1990s. (He died in 2009.)
O’Connor was replaced by Samuel Alito, who has since become one of the most conservative justices and who wrote the majority decision in Jackson Women’s Health Center v. Dobbs, which last year overturned Roe v. Wade and Planned Parenthood v. Casey.
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