Skip to main content

U.S. supreme court skeptical on abortion clinic buffer-zone law

U.S. Supreme Court justices expressed doubt on Wednesday about a Massachusetts law that mandates a protective buffer zone around abortion clinics to allow patients unimpeded access, indicating they may strike it down as unconstitutional as demanded by anti-abortion protesters.

Challenging the 2007 law, anti-abortion activists say it violated their freedom of speech rights under the First Amendment of the U.S. Constitution by preventing them from standing on the sidewalk and speaking to people entering the clinics.

During a one-hour argument before the high court, a majority of the nine justices expressed concern that the law may be too broad. One justice, Elena Kagan, asked questions indicating she felt the size of the 35-feet (11 meter) no-entry zone for protesters around clinics was simply too big.

A narrow ruling overturning the law as too broad could give the state the opportunity to enact a new, less-restrictive statute.

One of the main concerns raised by justices was the law does nothing to distinguish between protesters seeking to disrupt a clinic's work and people who say they wish to quietly counsel women and try to persuade them not to have abortions.

It is not clear if the court would have the votes to go further than striking down the Massachusetts law and possibly overturn a 2000 Supreme Court precedent that upheld a similar buffer-zone law in Colorado.

Of the current nine justices, five were on the bench when that case, Hill v. Colorado, was decided.

The Massachusetts law was enacted in part because of safety concerns highlighted by violent acts committed against abortion providers in the past. In 1994, two abortion clinic workers were killed outside a clinic in Brookline, Massachusetts.

Among those critical of the Massachusetts law was Kagan, from the liberal wing of the court. At one point she noted the Massachusetts law "does have its problems."

Kagan's main concern appeared to be the size of the buffer zone.

"I guess I'm a little bit hung up on why you need so much space," she told Massachusetts' lawyer, Jennifer Miller.

Justice Stephen Breyer, another of the liberal justices, pressed Miller over whether state legislators, when debating the law, had sought to distinguish between people who wish to conduct "calm conversations" and those who are more disruptive. Miller said the evidence showed that even those attempting peaceful conversations could create congestion in front of the facility.

'NOT A PROTEST CASE'

Justice Antonin Scalia, one of the most conservative members of the court, in particular seemed sympathetic to the plaintiffs in the case, who he said should not be described as "protesters" because they only desire to speak quietly to women entering the clinic.

"This is not a protest case," he said. "These people don't want to protest abortion. They want to talk to women who are about to get abortions and try to talk them out of it."

The zone "might not be so bad" if it addressed only protesters, Scalia added.

_0">

Along similar lines, Justice Anthony Kennedy told Miller, that when enacting laws that restrict one type of speech, "you have a duty to protect speech that is lawful."

_1">

Scalia and Kennedy were both in the minority in the 2000 Colorado case.

_2">

Not all the justices appeared as skeptical about the Massachusetts law.

_3">

Justice Ruth Bader Ginsburg focused mainly on the history of violence at abortion clinics and previous state efforts to stop disruptions, which the state says had not worked.

_4">

She noted that the state "doesn't know in advance who are the well-behaved people and who are the people who won't behave well."

_5">

Ginsburg and Breyer were both in the majority in the 2000 case.

_6">

Justice Clarence Thomas, who was a dissenter in the 2000 case and would be expected to hold similar views now, did not speak during the argument, as is his custom. Chief Justice John Roberts, who was not on the bench when the earlier case was decided, said nothing as well.

_7">

The case specifically concerns people who want to protest outside three Planned Parenthood facilities that offer abortions in addition to other health services for women in Boston, Springfield and Worcester.

_8">

Two other states, Montana and Colorado, have similar laws. Municipal ordnances and court injunctions have also been used in various states to create similar buffer zones.

_9">

A ruling is expected by the end of June.

_10">

The case is McCullen v. Coakley, U.S. Supreme Court, No. 12-1168.

_11">

(Additional reporting by Joan Biskupic; Editing by Will Dunham, Sophie Hares and Andrew Hay)

_12">

Popular posts from this blog

Study Abroad USA, College of Charleston, Popular Courses, Alumni

Thinking for Study Abroad USA. School of Charleston, the wonderful grounds is situated in the actual middle of a verifiable city - Charleston. Get snatched up by the wonderful and customary engineering, beautiful pathways, or look at the advanced steel and glass building which houses the School of Business. The grounds additionally gives students simple admittance to a few major tech organizations like Amazon's CreateSpace, Google, TwitPic, and so on. The school offers students nearby as well as off-grounds convenience going from completely outfitted home lobbies to memorable homes. It is prepared to offer different types of assistance and facilities like clubs, associations, sporting exercises, support administrations, etc. To put it plainly, the school grounds is rising with energy and there will never be a dull second for students at the College of Charleston. Concentrate on Abroad USA is improving and remunerating for your future. The energetic grounds likewise houses various

Best MBA Online Colleges in the USA

“Opportunities never open, instead we create them for us”. Beginning with this amazing saying, let’s unbox today’s knowledge. Love Business and marketing? Want to make a high-paid career in business administration? Well, if yes, then mate, we have got you something amazing to do!   We all imagine an effortless future with a cozy house and a laptop. Well, well! You can make this happen. Today, with this guide, we will be exploring some of the top-notch online MBA universities and institutes in the USA. Let’s get started! Why learn Online MBA from the USA? Access to More Options This online era has given a second chance to children who want to reflect on their careers while managing their hectic schedules. In this, the internet has played a very crucial in rejuvenating schools, institutes, and colleges to give the best education to students across the globe. Graduating with Less Debt Regular classes from high reputed institutes often charge heavy tuition fees. However onl

Sickening moment maskless 'Karen' COUGHS in the face of grocery store customer, then claims she doesn't have to wear a mask because she 'isn't sick'

A woman was captured on camera following a customer through a supermarket as she coughs on her after claiming she does not need a mask because she is not sick.  Video of the incident, which has garnered hundreds of thousands of views on Twitter alone, allegedly took place in a Su per Saver in Lincoln, Nebraska according to Twitter user @davenewworld_2. In it, an unidentified woman was captured dramatically coughing as she smiles saying 'Excuse me! I'm coming through' in the direction of the customer recording her. Scroll down for video An unidentified woman was captured dramatically coughing as she smiles saying 'Excuse me! I'm coming through' in the direction of a woman recording her A woman was captured on camera following a customer as she coughs on her in a supermarket without a mask on claiming she does not need one because she is not sick @chaiteabugz #karen #covid #karens #karensgonewild #karensalert #masks we were just wearing a mask at the store. ¿ o