The Good: The U.S. Supreme Court has left intact a lower court ruling that declared a Utah law banning almost all forms of abortion for women over 20 weeks pregnant unconstitutional. In December of 1996, the 10 U.S. Circuit Court of Appeals ruled that Utah lawmakers had placed, “an insurmountable obstacle in the path of a woman seeking a nontherapeutic abortion on a nonviable fetus after 20 weeks. It therefore imposes an unconstitutional burden on her right to choose.” The Supreme Court, without comment, left the appeals court ruling intact.
The Bad: The U.S. Supreme Court has upheld a Montana law banning abortions performed by licensed physician assistants. The 6-3 vote overturned a federal ruling which had blocked enforcement of the 1995 Montana law. Montana’s law applied to only one person, Susan Cahill, who worked under the supervision of Dr. James Armstrong. Other states could pass similar measures. Chief Justice William Rehnquist and Justices Sandra Day O’Connor, Antonin Scalia, Anthony Kennedy, David Souter and Clarence Thomas voted to uphold the law. Justices John Paul Stevens, Ruth Bader Ginsburg and Stephen Breyer dissented.