Jewish Women’s Groups Hoping Court Will Invalidate State Abortion Law

Jewish women’s groups are hoping the U.S. Supreme Court will declare unconstitutional a Pennsylvania law that places stringent regulations on abortion.

At the same time, there is fear that the court could use a legal challenge to the law to overturn Roe vs. Wade, its 1973 decision establishing a constitutional right to an abortion.

But in deciding Tuesday, on the eve of the 19th anniversary of the landmark decision, to hear the case, Planned Parenthood vs. Casey, in late March or early April, the court indicated it will not deal with whether Roe vs. Wade is still the law of the land.

Instead, the court will limit itself to ruling on the sections of the law found constitutional last year by the U.S. Court of Appeals for the 3rd Circuit in Philadelphia.

These include requirements that a woman notify her husband if she plans an abortion, that there be a 24-hour waiting period and that a woman planning an abortion be shown material on alternatives, as well as pictures of aborted fetuses.

While expressing hope that the Supreme Court will overturn the appeals court ruling, Joan Bronk, president of the National Council of Jewish Women, urged all women to become aware of the importance of the case for preserving their reproductive rights.

“We believe this case has the potential to overturn the legality of abortion for all women in the United States,” Bronk said.

Ann Lewis, chair of the American Jewish Congress Commission for Women’s Equality, said the case “refocuses attention on the crucial issue of the extent to which women’s reproductive choices can be regulated by the government.”

“The American Jewish Congress strongly believes that women have the moral capacity to make this most personal decision of whether to terminate a pregnancy,” Lewis said.

‘GRAVELY CONCERNED’

Harriet Horwitz, president of B’nai B’rith Women, said that because of the composition of the court, “we are gravely concerned that Roe vs. Wade may be eroded.”

Only two supporters of Roe vs. Wade are still on the court, Justices Harry Blackmun and John Paul Stevens. Four members of the court are known to be ready to overturn the landmark ruling.

This could leave the decision with Justice Sandra Day O’Connor and the court’s two newest members, Justices David Souter and Clarence Thomas. Any one of them could supply the deciding fifth vote to overturn Roe vs. Wade, while all three would be needed to uphold it.

Bronk of the National Council of Jewish Women said most supporters of abortion would like a decision that would decide once and for all whether a woman’s right to abortion is guaranteed by the Constitution.

This is what Planned Parenthood was seeking when it brought the case to the Supreme Court.

It is not yet clear what stance Orthodox Jewish groups will take in the case. Neither the Union of Orthodox Jewish Congregations of America nor Agudath Israel of America is ready to announce a position.