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...court, a key consideration will be the legal principle of stare decisis, the policy of standing by settled points of law. According to this doctrine, even if Roe v. Wade were seen by the Justices as a bad decision, revoking it after 15 years might be considered too politically and socially disruptive. However, a majority of the court, including Justice Kennedy, has already shown a willingness to re-examine well-established law. Last term the five conservative Justices stunned the legal community by voting to reconsider Runyon v. McCrary, an important 1976 civil rights decision. "This suggests a court where...

Author: /time Magazine | Title: Law: Abortion on The Ropes | 12/5/1988 | See Source »

Even if the present court is not willing to overturn Roe, time may be on the side of the pro-lifers. Three of the Justices who voted with the proabortion majority in Roe are now in their 80s. Antiabortion forces are betting that George Bush will continue Ronald Reagan's policy of appointing Justices who are sympathetic to conservative causes...

Author: /time Magazine | Title: Law: Abortion on The Ropes | 12/5/1988 | See Source »

...harassment of patients and staff. Some 10,000 Rescue activists have been arrested in the past year. Last week Rescue struck again in St. Paul, with 200 protesters blocking the entrance of a Planned Parenthood clinic. Ultimately, Rescue and several other groups intend to press not only for a Roe reversal but also for a "human life" amendment to the Constitution...

Author: /time Magazine | Title: Law: Abortion on The Ropes | 12/5/1988 | See Source »

...America will die or be maimed from a back-alley abortion because George Bush was elected President of the U.S.," said Molly Yard, president of the National Organization for Women. NOW is planning a huge letter-writing campaign to petition the Justice Department and Supreme Court to retain Roe v. Wade, plus a protest at Bush's Inauguration. Together with NARAL, the group is also planning a mammoth pro-choice demonstration in Washington in early April. "Mr. Bush may intend to make abortion illegal again," declares Yard, "but he has to understand that if he tries, he will be awakening...

Author: /time Magazine | Title: Law: Abortion on The Ropes | 12/5/1988 | See Source »

...Directed Solicitor General Charles Fried to file a brief with the Supreme Court urging a reappraisal of Roe v. Wade, the 1973 decision that guarantees a woman's right to an abortion...

Author: /time Magazine | Title: Last Licks | 12/5/1988 | See Source »

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