Souter Concurred in Ruling on Listing Abortion as an Option

David H. Souter, who is expected to face questions about his views on the abortion issue now that he has been nominated for the U.S. Supreme Court, has participated in one major abortion ruling.

The matter came before the New Hampshire Supreme Court in 1986, when Souter served on that state’s highest court.

In that case, Souter ruled with the majority that doctors have a responsibility to test for birth defects and inform pregnant women of the option of abortion.

“We recognize that the termination of pregnancy involves controversial and divisive social issues,” the opinion said. “Nonetheless, the Supreme Court of the United States has held that a woman has a constitutionally secured right to terminate a pregnancy.”

In a concurring opinion, Souter wondered what impact the ruling might have on doctors who oppose abortion but who are bound to advise patients of it as an alternative. The court did not rule on that issue. He suggested that such doctors could tell patients of their religious or moral scruples and refer them to other doctors in time for such testing.