Document: /pub/resources/text/breakpoint: SCabort.940428.TXT The following document is provided, courtesy of David McMeans ÒUpdate on Supreme Court Abortion CaseÓ ------------------------------------------------------------- Alan Carpenter has sent me this update which I am forwarding to you. * Due to the Nixon day of mourning, today (Thursday, April 28) is the day for oral arguments in the abortion protest limits case before the U.S. Supreme Court. For those outside the U.S., the issue here involves our Constitution's 1st amendment, and the rights that are supposedly guaranteed by it. The amendment reads as follows: AMENDMENT I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. It is interesting to recall a conversation I had with the city attorney from the city of Melbourne, FL regarding the no-protest buffer (some say "bubble") zone surrounding the local abortion clinic - the object of the challenge in the Court today. He indicated that he or I could protest anything we wanted in that buffer zone -- so long as the content of that protest had nothing to do with abortion. This certainly sounds like an abridgement of the freedom of speech, particularly since zero private property rights are at issue: the buffer zone reaches well into public property. For quick feedback of today's court battle, those who can get National Public Radio broadcasts may choose to listen in. They typically do a thorough - if not unbiased - job of covering significant court cases such as this. In particular, they interviewed three of the principles in today's case: the abortion clinic owner, the head of pro-life activities in Brevard Cty. (a member of my church, I am proud to say), and the pro-life attorney. Charges of extortion, threats, stalkings, and harrassment were leveled by the abortionist along with recordings from pro-life protestors to make them sound like fringe elements. These charges remained unrefuted, though no one has ever been charged with such a crime in the eleven years that the clinic has been in operation. Further, no recordings of the "clinic defenders" were used. I have one they could use: a song they wrote based on the very well- known chorus by Rich Mullins: "Their god is a loathsome god." All that is to say that if you listen, do so with a great deal of discernment. NPR is certainly a liberally biased news source, but of all the news sources available for this issue, they will be most complete. One item of significant interest that they reported was that FORTY judges/legislatures have now instituted no-protest zones around abortion clinics nationwide as a result of the action taken here. No doubt many more will be raised if this one is supported by the Supreme Court. Additionally, Congress is expected to act soon on the clinic access bill before them. This also casts a shadow over the legality of protests formerly deemed a cherished national right. The current slate of Supreme Court judges are: Harry Blackmun, Antonin Scalia, Anthony Kennedy, William Rhenquist, Sandra Day O'Conner, David Souter, Clarence Thomas, and the newest addition: Ruth Bader-Ginsburg. (Oops, left out John Paul Stevens). Though nothing is ever assured, the "swing" votes will likely come from Justices O'Conner, Souter, and Stevens. Ginsburg remains somewhat of an unknown, but this case will be interesting. If she votes with the abortion clinic and in favor of the injunction's provisions, then look out - since the case really is NOT about abortion, this would represent a strong liberal leaning against individual liberties and for abortion "rights." NPR cited several past court case involving "limits" on the right to free speech vs. "public safety." Included were references to White House protesting* and Supreme Court courthouse steps where protestors are not allowed to congregate. Decision expected in early June. * - Patricia Ireland, the head of the Nat'l Organization for Women was arrested last year for protesting in front of the White House. She took affront to both the arrest and to comparisons between her actions and those of pro-life protestors, a comically ironic twist from someone who defends abortion to the death (morbid pun intented). Continue to pray today for this case. -- Alan Carpenter ----------- David S McMeans BreakPoint with Chuck Colson