Dismiss Attempt to Reinstate Illinois Law : Justices Reject Appeal to Curb Abortions

In a setback for abortion foes, the Supreme Court Wednesday rejected an attempt to reinstate an Illinois law that had imposed a series of restrictions on physicians performing abortions.

The decision left intact a ruling by a federal appeals court in Chicago that struck down key provisions of the law as unconstitutional.

But the justices’ unanimous decision was based on limited procedural grounds, reducing its impact. And another case testing the validity of a similar law enacted in Pennsylvania remains on the court’s docket. A decision on that case is expected by July.

Urged to Reverse Ruling

The Reagan Administration had entered the two politically charged cases as a “friend of the court,” urging the justices to take the opportunity to reverse their landmark 1973 ruling legalizing abortion. But few legal authorities, including lawyers for anti-abortion groups, expect the court to take such action.

The justices dismissed an appeal brought by a physician who sought to overturn the appellate ruling that invalidated the Illinois law. The high court did not review the provisions of the law itself, nor re-examine its 1973 ruling.

In an opinion by Justice Harry A. Blackmun, author of the 1973 ruling, the court found that the physician lacked legal standing to appeal the lower court ruling--and that only the state could take such action. The doctor, Eugene F. Diamond, had brought the case to the justices when the state refused to appeal.

Blackmun said that Diamond had “no direct stake” in the abortion process and could not assert any constitutional right of an unborn fetus. “Similarly, Diamond’s claim of conscientious objection to abortion does not provide a judicially cognizable interest,” he wrote.

‘Day of Celebration’

The decision drew enthusiastic praise from Kate Michelman, executive director of the National Abortion Rights Action League, who called Wednesday “a day of celebration for the pro-choice movement.”

“The court’s decision limits so-called right-to-life doctors by suggesting that they may not use the Supreme Court as a forum for advancing their views,” she said.

A spokesman for Americans United for Life, an anti-abortion group that represented Diamond, expressed some disappointment with the court’s ruling but minimized its impact. “This certainly isn’t going to make these cases go away,” said Edward R. Grant, executive director of the group. “There is still lots of litigation to be done on this issue.”

The Illinois law required physicians in terminating pregnancies to use the same standard of care for a potentially viable fetus as they would in a regular childbirth.

Doctors also were required to tell patients that certain kinds of birth control devices, such as IUDs, are “abortifacients” that terminate fetal life after conception. Furthermore, the law stated, patients must be told of potential adverse effects of abortion.