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Justice O'Connor's Vote in Abortion-Related Cases Might Not Count If Rulings Handed Down After Alito's Confirmation

If the Supreme Court does not return decisions on the two abortion-related cases it is scheduled to hear on Nov. 30 by mid-January -- when the Senate is expected to approve the nomination of Judge Samuel Alito to replace retiring Justice Sandra Day O'Connor -- O'Connor's votes will not count, the Pittsburgh Post-Gazette reports. If confirmed, Alito likely would join the court on Jan. 23, and O'Connor's vote would not be counted in any ruling handed down after that time. The scenario would only matter in cases in which O'Connor cast the deciding vote in a 5-4 decision, leading to a tie and possibly a reargument of the case before the new court. This "uncertainty" concerns abortion-rights supporters, who fear that Alito might not be as supportive of abortion rights as O'Connor, according to the Post-Gazette (McGough, Pittsburgh Post-Gazette, 11/7). The court is scheduled to hear for the third time a case aimed at determining whether antiabortion protesters can be sued under a federal racketeering law. The case -- Scheidler v. National Organization for Women -- stems from a lawsuit originally filed in 1986 by the National Organization for Women and other women's rights groups against several antiabortion groups and individuals, including Operation Rescue/Operation Save America and the Pro-Life Action League, alleging the antiabortion advocates used aggressive and illegal means to protest against and attempt to close abortion clinics (Kaiser Daily Women's Health Policy Report, 6/29). The court also is scheduled to hear arguments in Ayotte v. Planned Parenthood, an appeal regarding the constitutionality of a New Hampshire abortion parental notification law (HB 763) that was struck down by a lower court because it lacks an exception for a pregnant minor's health (Kaiser Daily Women's Health Policy Report, 5/24).

"Reprinted with permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.





Justiþie O'Connor de vot în cazuri legate de Avortul-ar putea sã nu Count Dacã hotãrârile pronunþate Dupã's Alito Confirmarea - Justice O'Connor's Vote in Abortion-Related Cases Might Not Count If Rulings Handed Down After Alito's Confirmation - articole medicale engleza - startsanatate