Many will watch abortion case

Many members of the University community will pay close attention to oral arguments in a United States Supreme Court case challenging the constitutionality of Pennsylvania's Abortion Control Act today. Should the Court declare the 1989 Abortion Control Act constitutional, it could overturn Roe vs. Wade, making abortion harder to acquire for women in Pennsylvania. But students on both sides of the abortion debate expect the Act to be upheld -- possibly moving the battlefield over abortion rights to state capitals and Congress. The Supreme Court is expected to render a decision in July. Some are particularly interested in the case because Kathryn Kolbert, a lecturer at the Law School, will argue on behalf of abortion-rights supporters in the case, Planned Parenthood of Southeastern Pennsylvania vs. Casey. The Pennyslvania Abortion Control Act would place four restrictions on women who are seeking abortions. The Act would require women to wait 24 hours after a counseling session before obtaining an abortion. In addition, the Act would mandate that the same doctor who performs the abortion must counsel the woman seeking the abortion. The third provision of the Act would require minors to seek written permission from their legal guardians for an abortion. Finally, the Act would require married women to receive written permission from their husbands before obtaining an abortion. The Act was written by Republican Pennsylvania State Legislature member Stephen Freind, who is currently running for a United State Senate seat, and was approved by the General Assembly. After traveling through appeals in Pennsylvania and Federal Courts, the Third Circuit Court of Appeals rendered a mixed decision -- upholding all parts of the Act except the provision which requires spousal permission as constitutional. Leaders of both sides of the abortion issue think the Supreme Court will uphold the Act. "I would like to see the Supreme Court overturn what the appeals court has ruled, but I don't think that will happen," Raji Jagadeesan, president of Penn Pro-Choice, said yesterday. "Although the defense lawyers are going to be great, I don't think it is enough to change the majority opinion on the Court." But Jagadeesan said she thought the Court will rule the spousal support provision unconstitutional. Kevin Welch, co-president of Penn Coalition for Life and an Engineering freshman, said that the spousal support provision should be ruled constitutional. "I think that the finding of Federal Court that spousal support is unconstitutional is itself unconstitutional," Welch said. "He [the husband] should be allowed to know what his wife is doing with the unborn child." Welch added that if the Supreme Court upholds the Act it could mean two things. "[Upholding the Act] could be the start of stripping down Roe vs. Wade," Welch said. "Or it could just mean the Supreme Court will uphold Roe vs. Wade but restrict abortion." Jagadeesan added that she believes allowing any part of the Act to pass will weaken and eliminate the intent of Roe vs. Wade. She also said upholding the law will encourage the General Assembly to limit access to abortions even further. "Casey and his henchmen in the State Legislature will do anything they can to prevent women from getting abortions," Jagadeesan said. "[Upholding the Act] is an incentive to pass more restrictive laws." Welch said he thought other conservative states will begin passing abortion restricting laws if the Act is upheld. Pennsylvania is the first state in the United States to pass such restrictive laws, although U.S. posessions have also passed strict laws. Jagadeesan added that the movement of supporters of abortion rights is gaining momentum at the University because of the jeopardy of Roe vs. Wade. "When I came to Penn, there wasn't much of a pro-choice movement," she said. "In three years, it has grown as a direct response [to the passing of legislature to restrict abortions]." She added that the elections in the fall will be crucial to the abortion issue. "In terms of courts, the pro-chioce movement is straining to find any friends," she said. "[Supporters of abortion rights] have to look to the legislature and the White House for support." Welch said that regardless of the Supreme Court's decision "there is bound to be an uproar on whichever side loses."

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