Supreme Court Backs Abortion Protesters

By TONI LOCY
Associated Press Writer

WASHINGTON

The Supreme Court dealt a setback Tuesday to abortion clinics in a two-decade-old legal fight over abortion protests, ruling that federal extortion and racketeering laws cannot be used to ban demonstrations.

Anti-abortion groups brought the appeal after the 7th Circuit had asked a trial judge to determine whether a nationwide injunction could be supported by charges that protesters had made threats of violence absent a connection with robbery or extortion

The 8-0 decision ends a case that the 7th U.S. Circuit Court of Appeals had kept alive despite a 2003 decision by the high court that lifted a nationwide injunction on anti-abortion groups led by Joseph Scheidler and others.

Writing for the majority, Justice Stephen Breyer said Congress did not intend to create "a freestanding physical violence offense" in the federal extortion law known as the Hobbs Act.

Social activists and the AFL-CIO had sided with anti-abortion groups in arguing that similar lawsuits and injunctions could be used to thwart their efforts to change public policy or agitate for better wages and working conditions.

Supreme Court Plunges Into Abortion Debate

Supreme Court Plunges Into Abortion Debate
Feb 21 10:13 AM US/Eastern


By GINA HOLLAND
Associated Press Writer


WASHINGTON


The Supreme Court said Tuesday it will consider the constitutionality of banning a type of late-term abortion, teeing up a contentious issue for a newly-constituted court already in a state of flux over privacy rights.

The Bush administration has pressed the high court to reinstate the federal law, passed in 2003 but never put in effect because it was struck down by judges in California, Nebraska and New York.

The outcome will likely rest with the two men that President Bush has recently installed on the court. Justices had been split 5-4 in 2000 in striking down a state law, barring what critics call partial birth abortion because it lacked an exception to protect the health of the
mother.

But Justice Sandra Day O'Connor, who was the tie-breaking vote, retired late last month and was replaced by Samuel Alito. Abortion had been a major focus in the fight over Alito's nomination because justices serve for life and he will surely help shape the court on abortion and other issues for the next generation.

Alito, in his rulings on the 3rd U.S. Circuit Court of Appeals in Philadelphia, has been more willing than O'Connor, the first woman justice, to allow restrictions on abortions, which were legalized in the Roe v. Wade decision in 1973.

The federal Partial-Birth Abortion Ban Act prohibits a certain type of abortion, generally carried out in the second or third trimester, in which a fetus is partially removed from the womb, and the skull is punctured or crushed.

Justices on a 9-0 vote vote reaffirmed in January that states can require parental involvement in abortion decisions and that state restrictions must have an exception to protect the mother's health.

The federal law in the current case has no health exception, but defenders maintain that the procedure is never medically necessary to protect a woman's health.