Abortion Law Weakened : Split Court Upholds Roe v. Wade but Permits State Restrictions : Justice Blackmun Fears Chill Wind for Women

Ruling on one of the most emotionally charged issues of the decade, a deeply divided Supreme Court today freed states to impose sharp new restrictions on a woman’s right to abortion. The court, however, stopped short of reversing its historic 1973 Roe v. Wade decision legalizing abortion.

In a series of votes, many of them 5-4, the justices restored key provisions of a Missouri law that a lower court had invalidated for unduly interfering with the constitutional right to abortion. Significantly, the court appeared to invite further challenges to its 1973 decision, prompting a blistering dissent from its author, Justice Harry A. Blackmun, but exultation from anti-abortion activists.

“The biggest winners today are the tiniest people of all--children within the womb,” said Archbishop John May of St. Louis, president of the National Conference of Catholic Bishops.

In his dissenting opinion, Blackmun said, “For today, at least, the law of abortion stands undisturbed. For today, the women of this nation will retain the liberty to control their destinies. But the signs are evident and very ominous, and a chill wind blows.”

In today’s 78-page decision, the justices restored several Missouri abortion regulations. Overall, the effect was to allow Missouri to restrict the use of public money, medical personnel or facilities in performing abortion procedures.

The court upheld a Missouri requirement that doctors determine, when possible, whether a fetus at least 20 weeks old is “viable” or capable of surviving outside the womb, by testing lung capacity and conducting other tests. Missouri law bans all abortions of viable fetuses.

Other States May Follow

The ruling will have wide impact because other states now may follow Missouri’s lead.

California Atty. Gen. John Van de Kamp today stressed that women in California still have the right to choose.

“The ruling in Webster does permit states to impose a series of restrictions on abortion,” said Van de Kamp in a statement. “The situation here is different, however, because the state Constitution independently protects a woman’s right to choose. So today’s ruling does not change the fact that abortion in the State of California is a private matter involving a woman, her personal beliefs and her doctor.”

A majority of the Supreme Court justices said they were unwilling to overturn or even reconsider the court’s landmark, 16-year-old decision in Roe v. Wade. Sandra Day O’Connor, a swing vote for the majority, was among those who declined to tackle the 1973 case.

Four members of the court--Chief Justice William H. Rehnquist and Justices Byron R. White, Antonin Scalia and Anthony M. Kennedy--appeared ready to scrap Roe v. Wade, but only Scalia said the 1973 ruling should be overturned outright.

The court’s decision upholding the Missouri restrictions was reached on a 5-4 vote, with Rehnquist joined by White, O’Connor, Scalia and Kennedy.

Specific Findings

Specifically, the court said:

--Missouri, and other states as well, may ban the use of tax money for “encouraging or counseling” women to have abortions not necessary to save their lives.

--States may ban any public employee--doctor, nurse or other health care provider--from performing or assisting an abortion not necessary to save a woman’s life.

--States may ban the use of any public hospital or other taxpayer-supported facility for performing abortions not necessary to save life.

Rehnquist, writing the majority opinion, acknowledged the decision “will undoubtedly allow more governmental regulation of abortion than was permissible before.” But he rejected the view by pro-abortion advocates that states will return to the “Dark Ages” and outlaw abortion entirely.

Blackmun accused the majority of “cowardice” and said the ruling was “profoundly destructive of this court as an institution.”

Justices William J. Brennan Jr. and Thurgood Marshall joined Blackmun’s dissenting opinion. Justice John Paul Stevens dissented from most portions of the court’s decision.

The court also said today that it will review in its next term, which begins next October, three additional abortion cases in which Roe v. Wade is under attack. Those cases are from Minnesota, Illinois and Ohio. The court said it will consider state laws that require a minor to get permission from her parents or a judge before she can get an abortion.

Roe v. Wade Provisos Told

The Roe v. Wade ruling said a woman’s decision to have an abortion during the first three months of pregnancy must be left to her and her doctor. It said states may regulate abortions during the second trimester only to protect the woman’s health, and may take steps to protect fetal life in the third trimester.

State authority to regulate abortions after the first trimester was not made absolute, however. The constitutional right established in 1973 remains after today’s decision, but it is now easier for states to restrict that right.