法院解除了禁止执行反堕胎法的禁令。

Sun (Baltimore, Md. : 1837) Pub Date : 1992-08-07
L Denniston
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引用次数: 0

摘要

昨天,联邦法院的一项命令使密西西比州成为第一个获得最高法院新堕胎裁决许可,开始执行旨在限制妇女终止妊娠权利的法律的州。位于新奥尔良的美国第五巡回上诉法院在没有说明原因的情况下,立即生效了几小时前发布的一项裁决,该裁决允许密西西比州执行去年不顾州长否决而通过的反堕胎刑法。州检察官表示,他们将在周六午夜开始执行这项法律。此前,上诉法院拒绝了两家诊所和两名医生提出的将裁决推迟至少一个月的请求。法律要求医生等待24小时才能进行堕胎,只有医疗紧急情况例外。它还要求医生在孕妇堕胎之前,就继续怀孕并生孩子的经济援助、所怀胎儿的年龄、堕胎和足月妊娠的医疗风险等问题,向孕妇提供建议。密西西比州的案件是律师第一次有机会辩论最高法院五周前对宾夕法尼亚州案件的最新裁决对其他州法律的影响。律师们对密西西比州的法律提出质疑,认为它比最高法院在6月29日的判决中暂时维持的宾夕法尼亚州反堕胎法的类似条款更具限制性。在宾夕法尼亚州的裁决中,最高法院以5:4的投票结果阐明了一个更宽松的宪法标准来判断各州的堕胎限制。根据密西西比州的法律,即使在孕妇面临的大多数医疗紧急情况下,24小时等待堕胎也适用。唯一不适用的情况是怀孕可能会立即丧失某些身体功能。宾夕法尼亚州的法律将允许医生在紧急情况下有更多的自由裁量权进行堕胎。密西西比州的法律禁止医生避免提供强制性建议,即使医生认为这些建议本身对妇女构成心理风险。提供建议的义务没有“治疗性例外”,而在宾夕法尼亚州的法律中有。尽管密西西比州的强制建议包括保证,如果怀孕继续生产,父亲将有义务提供支持,但挑战者的律师提供的证据表明,在密西西比州,只有5%的女性向父亲寻求子女支持。新奥尔良上诉法院表示,它将在稍后的正式意见中解释其对密西西比州法律的行动。最高法院下达的两项判决,简单地抹去了一名联邦法官一年前禁止密西西比州执行该州法律的命令。上诉法院也没有立即解释拒绝推迟裁决的原因。生殖法律和政策中心的律师雷切尔·派恩(Rachel Pine)是处理密西西比州案件的律师之一,她将法院的命令描述为最高法院6月29日裁决的“后果的第一步”。她预测,目前对各州反堕胎法生效的法院命令“将在全国范围内被撤销”。派恩和密西西比州一案的其他律师希望上诉法院将他们的案件发回初审法官,这样他们就可以在最高法院的最新裁决下,以违宪的理由重新提出质疑。他们告诉上诉法院,密西西比州的法律与宾夕法尼亚州的法律差别很大,在新的标准下,它无法继续存在。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Court lifts ban on enforcing Miss. anti-abortion law.

A federal court order yesterday made Mississippi the first state to get permission under the Supreme Court's new abortion ruling to start enforcing a law designed to limit women's rights to end pregnancy. Without saying why, the 5th US Circuit Court of Appeals in New Orleans put into immediate effect a ruling it had issued just hours earlier permitting Mississippi to carry out an antiabortion criminal law that had been passed last year over the governor's veto. State prosecutors said they would start enforcing the law at midnight Saturday. They set that deadline after the appeals court refused a plea by 2 clinics and 2 doctors to delay its ruling for at least a month. The law requires doctors to wait for 24 hours to perform an abortion, with only a narrow exception for medical emergencies. It also requires doctors to give pregnant women advice--before they can get an abortion--about financial aid if they continue the pregnancy and have a baby, about the age of the fetus they are carrying, and about the medical risks of abortion and of carrying the pregnancy to term. The Mississippi case was the first one in which lawyers had a chance to debate the effect on other states laws of the Supreme Court's latest ruling about 5 weeks ago, in a Pennsylvania case. Lawyers challenging the Mississippi law contended that it is more restrictive than similar provisions of Pennsylvania antiabortion laws that the Supreme Court tentatively upheld in its June 29 decision. In the Pennsylvania ruling, the Supreme Court spelled out by a 5-4 vote a more relaxed constitutional standard for judging state abortion curbs. Under the Mississippi law, the 24-hour wait for an abortion would apply even in most medical emergencies confronted by a pregnant woman. The only time it would not apply was when the pregnancy threatened immediate loss of some bodily function. Pennsylvania's law would allow doctors more discretion in emergencies to go ahead with an abortion. The Mississippi law forbids doctors to avoid giving the mandated advice, even if the doctor believes that the advice itself posed a psychological risk to the woman. There is no "therapeutic exception" to the duty to give the advice, while there is in the Pennsylvania law. Although the advice mandated in Mississippi includes assurances that, if the pregnancy continues to birth, the father will be obliged to provide support, lawyers for the challengers offered evidence that only 5% of the women in Mississippi seeking child support from fathers get it. The appeals court in New Orleans said it would explain its action on the Mississippi law in a formal opinion later. Its 2-sentence order simply wiped out a federal judge's year-old order for forbidding Mississippi to enforce its law. The appeals court also gave no immediate explanation for refusing to postpone its ruling. Rachel Pine, a lawyer for the Center for Reproductive Law and Policy and one of the attorneys handling the Mississippi case, described the court orders as "step 1 in the fallout" from the Supreme Court's June 29 ruling. She predicted that court orders now in effect against state antiabortion laws "are going to be vacated, all across the country." Ms. Pine and other attorneys in the Mississippi case wanted the appeals court to send their case back to a trial judge, so they could try to challenge it anew as unconstitutional even under the latest Supreme Court ruling. They told the appeals court that the Mississippi law was different enough from the Pennsylvania law that it could not survive under the new standards.

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