By Michael Motes

The U.S. Supreme Court’s decision in abortion cases from Georgia and Texas earlier this week has reaped sharp criticism from the president of the National Conference of Catholic Bishops, bishops from throughout the country and spokesmen for the various anti-abortion leagues.

On January 22 the Supreme Court delivered a 7-2 decision annihilating the two southern states’ existing abortion laws. It has been ruled unconstitutional for any state to prevent a medical abortion during the first 13 weeks of a woman’s pregnancy once her physician has concurred.

Previous legislation had required that any women seeking an abortion in Georgia must have the recommendation of at least two physicians and the approval of an “abortion committee” of an accredited Georgia hospital.

Under the state’s 1968 statute, abortions could be granted in Georgia during the first three months of pregnancy if (1) continuing pregnancy endangered the life of the mother or would seriously or permanently injure her health; (2) the fetus seemed likely to be born with severe physical or mental defects, or (3) the pregnancy resulted from a rape.

The opinion of the Supreme Court was written by Nixon appointee Associate Justice Harry A. Blackmun, who divided the gestation period into “trimesters” of 13 weeks.

Using Blackmun’s trimester categorization, the Supreme Court found Georgia’s three existing grounds for obtaining a legal abortion too restrictive. The need for obtaining the opinion of more than one physician and a hospital committee was also shot down.

Blackmun stated that the “interposition of a hospital abortion committee is unduly restrictive of the patient’s rights.” Joining him in delivering the opinion of the court were Chief Justice Warren E. Burger and Justices William Douglas, William Brennan, Potter Stewart, Thurgood Marshall and Lewis Powell. Dissenting opinions were filed by Justices Byron White and William Rehnquist.

Cardinal John Krol of Philadelphia, president of the National Conference of Catholic Bishops, termed the court action “an unspeakable tragedy for this nation.” The cardinal’s statement reads:

“The Supreme Court’s decision today is an unspeakable tragedy for this nation. It is hard to think of any decision in the 200 years of our history which has had more disastrous implications for our stability as a civilized society. The ruling drastically diminishes the constitutional guarantee of the right to life and in doing so sets in motion developments which are terrifying to contemplate.

“The ruling represents bad logic and bad law. There is no rational justification for allowing restricted abortion up to the third month of pregnancy. The development of life before and after birth is a continuous process and in making the three-month point the cutoff for unrestricted abortion, the Court seems more impressed by magic than by scientific evidence regarding fetal development. The child in the womb has the right to the life it already possesses, and this is a right no court has authority to deny.

“Apparently the court was trying to straddle the fence and give something to everybody: abortion on demand before three months for those who want that; somewhat more restrictive abortion regulations after three months for those who want that. But in its straddling act, the Court has done a monstrous injustice to the thousands of unborn children whose lives may be destroyed as a result of this decision.

“No court and no legislature in the land can make something evil become something good. Abortion at any stage of pregnancy is evil. This is not a question of sectarian morality but instead concerns that law of God and the basis of civilized society. One trusts in the decency and good sense of the American people not to let an illogical court decision dictate to them on the subject of morality and human life.”

The cardinal has encouraged all bishops to speak out on this issue.

Archbishop Thomas A. Donnellan responded to the court’s decision by stating: “The decision of the U.S. Supreme Court can determine the legality of the termination of a pregnancy. It does not and cannot affect the morality of such an action. A civilization and a culture are measured by their respect and the quality of life. The ruling of the court has damaged greatly the civilization and culture of our country.

“The Court has spoken in behalf of a woman’s right to privacy. I pray that the American people will continue to speak in behalf of the far more basic right to life of the unborn child and the efforts of the individual states to protect that right.”

Other reaction from bishops across the country strongly condemned the ruling.

Cardinal Terence Booke of New York accused the Supreme Court of making itself a “super legislature” through its “shocking” decision. He said that the Court had “usurped the powers and responsibilities of the legislature of 50 states to protect human life.”

The cardinal said that Americans should realize that judicial decisions “are not necessarily sound moral decisions.”

Cardinal Lawrence Shehan of Baltimore said: “No court, no government, so society or no individual can possibly give to another the right to snuff out human life. Yet this Supreme Court decision undertakes to do so.”

Cardinal John Carberry of St. Louis said: “Society as a whole, not just the Catholic Church, has a responsibility to the unborn child. Who among us would have believed that our highest court would open the door for a universal attack on the most helpless of creatures?”

Jay Bowman, chairman of the Georgia Right to Life Committee and president of the archdiocesan Pastoral Council, told The Bulletin that some contact has already been made with Georgia’s legislators to introduce a bill to curtail the Court’s decision. He feels that “it is almost a certainty that some sort of legislation will be introduced.”

According to Bowman, such legislation would have to be geared to the trimester system. He hopes that the 900-member Right to Life Committee and the several other “pro-life” groups can obtain legislation to maintain tight control on clinics and hospitals and “protect hospitals and personnel from performing abortions if they don’t want to” during the first trimester period.

He hopes that state regulations will be established determining “what type of facilities should be required for abortion and what special knowledge, if any, should be required of physicians.”

“Once the public, has been educated, they go overwhelmingly against abortion,” said Bowman. He issued the following statement from the Georgia Right to Life Committee: “We are shocked and disappointed by today’s Supreme Court decision. It reminds us of the 1857 Dred Scott decision which said that although he may have a beating heart and a functioning brain, and be biologically human, the black man is not a legal person. It required an amendment to the U.S. Constitution to give the black man his right to freedom, and it may take a constitutional amendment to restore the unborn child’s right to life.

“We are already investigating possible ways to restore legal protection to the unborn within the framework of the Court’s decision. If one can be found we will have it introduced in this year’s session of the General Assembly.

“Otherwise we will be forced to seek a constitutional amendment and embark on a massive program of educating the public about the humanity of the unborn.

“This past election, Michigan and North Dakota voters overwhelmingly defeated abortion-on-demand referenda, proving that once the people know that the unborn child is human they reject efforts to destroy him.

“Each of the seven justices who concurred in this decision was once an unborn child as was every man and woman on this earth. The Court’s decision opens the door for the killing of hundreds of thousands of potential justices, statesmen and common men.

“Georgia Right to Life’s efforts will not cease. Our battle has just begun.”