Roe v. Wade intact despite opposition
by Kathy Daniel, Reporter

   Thirty years after the controversial Supreme Court ruling to legalize abortion, the core of the Roe v. Wade decision is still intact.

   Jan. 22 marked the 30th anniversary, and the Roe decision remains at the top of political and moral conflicts.

   The 2002 elections gave Republicans, usually pro-life supporters, control of the House and Senate.

   Abortion rights supporters hope Congress does not pass laws restricting or banning abortions, while anti-abortion supporters hope the Roe decision will be overturned.

   Both sides have many supporters, but public opinion has not changed much in the last 15 years.

   A recent CNN/USA Today/ Gallup survey showed 38 percent of Americans support the Roe decision in most or all circumstances; 42 percent believe abortion should be available in a few circumstances, and 18 percent believe it should never be available.

   Preceding the anniversary, President Bush declared Jan. 19 National Sanctity of Human Life Day.

   In the presidential proclamation, Bush said, "Every child is a priority and a blessing, and I believe that all should be welcomed in life and protected by law."

   Bush also said he wanted Americans to use the day to "reaffirm the value of human life and renew our dedication to ensuring that every American has access to life, liberty and the pursuit of happiness."

   In a phone call broadcast via a speaker to anti-abortion protesters on the 30th anniversary, Bush said he wanted "to protect the lives of innocent children waiting to be born."

   Bush also called on Congress to pass a bill that will ban a late-term abortion procedure.

   Critics refer to this procedure as a partial-birth abortion.

   This procedure is so controversial because the doctor induces a breech delivery, delivers the legs, torso and arms only.

   Before the head is delivered, the doctor punctures the back of the skull and suctions out the contents of the skull so it collapses.

   This type of delivery is not considered a "birth" because the delivery of the head is essential in common law.

   The Supreme Court ruled the Nebraska law banning this type of abortion was unconstitutional. However, many states still have laws against or restricting this type of abortion.

   At a Capitol Hill news conference Jan. 22, Sen. Barbara Mikulski, D-Maryland, said, "The Bush administration is already whittling away at the spirit of Roe. There's a war against contraception; there's a war against birth control; there's a war against women."

   With the dwindling economy and the possible war with Iraq, Bush has not led a serious campaign against abortion, but the 2004 Democrat presidential hopefuls are starting to make their cases for abortion rights.

   John Kerry, Joseph Lieberman, Richard Gephardt, Al Sharpton and John Edward attended a dinner marking the 30th anniversary of Roe v. Wade hosted by the National Abortion and Reproductive Rights Action League.

   Gephardt said, "The freedom to choose has never been in more peril than it is today."

   Kerry said he could not understand how the government could interfere with an issue that is so personal to women.

   In a statement directed at Bush,Kerry said, "I trust women to make their own decisions, and you don't, Mr. President. That is the difference between us."

   As the 2004 presidential elections get closer, the debate over abortion will become a big part of the discussion.

   With six Supreme Court justices 65 or older, the next two years could make a big difference.

   If a justice retires, Bush appoints a new justice to take his/her place.

   That new justice could make the difference on the next abortion case that goes before the Supreme Court.

   Chronology of major U.S. Supreme Court rulings on abortion:

• Jan. 22, 1973. Roe v. Wade, in a 7-2 vote, the court legalized abortion nationwide. The restriction was fetal viability, when the fetus is capable of living outside the womb.
• Jan. 22, 1973. Doe v. Bolton, in a 7-2 vote, the court struck down restrictions on facilities used to perform abortions. This decision gave rise to the abortion clinic.
• July 1, 1976. Planned Parenthood v. Danforth, in a 6-3 vote, the court denied husbands the power to veto their wives' decision to have an abortion. In a 5-4 vote, the court ruled that parents of minor, unwed girls do not have an absolute veto over abortions.
• Jan. 9, 1979. Colautti v. Franklin, in a 6-3 vote, the court reaffirmed its decision to give doctors broad discretion to determine viability. It ultimately is up to the doctor to decide, not courts or legislatures.
• June 15, 1983. City of Akron v. Akron Center for Reproductive Health, in a 6-3 vote, the court said states and local communities cannot require all abortions after the first trimester be performed in a hospital.
• June 11, 1986. Thornburgh v. American College of Obstetricians and Gynecologists, in a 5-4 vote, the court struck down Pennsyl-vania's abortion regulation requiring doctors to inform women of the potential risks and available assistance for prenatal care and childbirth.
• July 3, 1989. Webster v. Reproductive Health Services, the court gave states new authority to limit a woman's right to abortion but stopped short of reversing Roe v. Wade.
• June 29, 1992. Planned Parenthood v. Casey, in a 5-4 vote, the court voted to uphold the core of Roe v. Wade by banning states from outlawing abortions. In a 7-2 vote, the court allowed states to raise new hurdles for those seeking abortions. The court also voted to abandon the trimester-by-trimester approach. It adopted a new test; regulations will not be allowed if they place an "undue burden" on women's constitutional rights.
• June 28, 2000. Stenberg v. Carhart, in a 5-4 vote, the court ruled Nebraska's "partial-birth" abortion law was unconstitutional because it imposed "undue burden" on women's rights to end their pregnancies.