If the irresponsible Court is hoping for a way to limit the constitutional accountability to an abortion, the opportune moment may be at hand. ii U.S. courts of appeals have reached opposite conclusions on the constitutionality of state laws that restrict a minor's veracious to have an abortion. The U.S. Court of Appeals'. for the Sixth Circuit has command that Ohio's restrictions are inconsistent with the Supreme Court's decision in roe v. Wade and in subsequent cases, and are therefore unconstitutional (Akron Center for Reproductive Health v. Ohio, 1988). notwithstanding the U.S. Court of Appeals for the 8th Circuit has ruled that a virtually identical manganese law is constitutional (Hodgson v. Minnesota, 1988).
The constitutionality of these laws has long been unclear. Last te
Hodgson v. Minnesota, Nos. 86-5423, 86-5431 (Aug. 8, 1988).
State attorney seeks to strike down abortion fund restrictions. (1987, November 13). Los Angeles Daily Journal.
Grinelli, J. (1981). California ruling angers anti-abortion activists. National constabulary Journal, (April), 30.
It is the contention of "pro-life" activists that abortion is immoral and should therefore be illegal. It is surprising that this mostly religious fundamentalist minority has been competent to stir up so much excitement nigh a practice that has existed so long, and one that has become so entrenched with the idea of a woman's freedom.
The people who do non want legal abortions in any form have recently taken a more active and fiery posture towards abortion clinics, with the bombing of several clinics and organized jam sitins at clinics in order to block entry to those clinics by women who seek family planning counselling.
There is also the matter of the " inactive" majority of the population that are in favor of the right to choose. Recent studies have shown that two-thirds of the American people believe that a woman's decision about whether to have an abortion should be her own, no matter of their own beliefs on the morality the practice (Reidinger, 1988, pp. 90-92). The people who are against freedom of choice are clearly in the minority. But they are a loud, rich, and powerful minority which has the potential of saddle horse back the civil liberties of women in this country by centuries. It is the expect of all women who may someday have to make that dreaded decision in a time of crisis that the decision entrust remain theirs to make.
The split among the Sixth, Seventh, and Eighth Circuits may or may not be the vehicle that the Reagan/Bush administrations and Justice part Will use to ask the Supreme Court to roll the Roe v. Wade decision. But there is little wonder that the Justice Department would like to find a suitable test case. Although newly appointed
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