The Supreme Court presented decisions on February 19 in a case that will have major implications for court orders restricting unlawful harassment by abortion foes. In Schenck vs. Pro-Choice Network, the Supreme Court decided, 6-3, that a federal court order that created a fixed buffer zone (in this case, 15 feet) around clinic entrances in Buffalo and Rochester, New York, does not violate the First Amendment rights of anti-abortion activists to "free speech." However, the justices also decided that the federal order went too far in creating "floating buffer zones" around clinic patients and staff members outside the fixed buffer zone. Justices voted 8-1 that this restriction violated protesters' First Amendment rights. Both sides declared partial victory in the decision. Feminist Majority Foundation's Eleanor Smeal and other pro-choice advocates applauded the court's continued support for protection of access to clinics. Some predicted future court orders and rulings would expand the fixed buffer zone beyond the 35 feet that has been upheld in other rulings. But, Smeal added, "If the...decision emboldens antiabortion extremists to engage in more violence and harassment at clinics," the ruling "couldn't have come at a worse time."
A U.S. Court of Appeals, on Dec. 23, invalidated a Utah ban on all abortions after 20 weeks of pregnancy. Based on the ruling in Planned Parenthood v. Casey, that a state may not unduly restrict access to abortion prior to fetal viability, the law was ruled unconstitutional. PP v. Casey also established that a woman's health must be the primary consideration even after viability, which is generally considered by medical authorities to fall between the 24th and 28th week.
Under the N.C. law, a minor seeking an abortion must obtain the approval of one parent or grandparent, or file for a court waiver of the requirement. The U.S. District Court judge ruled that the statute is not in violation of PP v. Casey and that the purpose of the statute is not to "place substantial obstacles in the path of minors' attempts to obtain abortions."
South Carolina Attorney General Charles Condon stated on January 10, 1997, that "partial birth" abortion "is, and should be subject to criminal prosecution" and announced that his office would prosecute doctors who practiced the procedure.
For the second straight year, the level of violence at the nation's abortion clinics has declined, but the rate of decline has slowed. According to a Feminist Majority Foundation survey, 30 percent of clinics reported one or more types of violence. While death threats and stalking continue to decline, but bombings increased from 0.3% to 2.6% of clinics. Chemical attacks increased slightly to 1.6% while blockades had leveled off at 6.7%.
Violence is especially severe in the heavily populated states of the Far West, the Midwest and the Northeast. Only 4% of clinics report staff resignations attributable to violence, down from 9% in 1995. Federal officials were also far more likely to respond to violations of the Freedom of Access to Clinic Entrances Act (FACE) than they were in 1995.
Clinics, however were less satisfied with law enforcement response in 1996 than 1995. And levels of clinic violence were lower in areas which reported good to excellent law enforcement response.
Last Modified June 8, 1997