Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, July 26, 1990 TAG: 9007260550
SECTION: NATIONAL/INTERNATIONAL PAGE: A/4 EDITION: EVENING
SOURCE: Associated Press
DATELINE: CONCORD, N.H. LENGTH: Medium
Souter did not express a personal stand on the issue, but said his fellow judges had decided that a measure then pending before the state legislature would promote "shopping for judges" because it did not include guidelines on how judges should act. Therefore, he said, the bill would unfairly leave such decisions up to individual judges with varied opinions on abortion, resulting in inconsistent application of any such law.
The 1981 letter, written to the chairwoman of the legislative committee considering a parental consent bill, is one of Souter's few public actions addressing the abortion issue.
In his one abortion-related decision on the issue as a judge, Souter gave little insight as to how he might vote if confirmed and confronted with the opportunity to overturn the 1973 Roe vs. Wade decision legalizing abortion.
In 1986, Souter sided with the majority in a ruling that said physicians have a responsibility to test unborn children for birth defects and, in the event defects are detected, to counsel the pregnant woman about options - including abortion.
A month after that decision, Souter was among the Concord Hospital board members at a meeting at which the board approved allowing abortions at the hospital.
Two board members contacted Wednesday, Dean Williamson and Marilyn Wilson, said they recalled only non-controversial discussion and a unanimous voice vote in favor of allowing abortions. Neither recalled Souter speaking during the discussion.
"This was a medical procedure vote, not a social issues vote," Wilson said. "It was not over the rights or wrongs of abortion but rather about our responsibility as a medical facility in light of the law."
In his 1981 letter on behalf of fellow Superior Court justices, Souter said the bill before the legislature failed to provide guidelines for the judges to use in deciding whether to allow minors to receive abortions if they did not have parental consent.
Abortion-rights advocates said there was nothing in the letter to shed light on Souter's personal views on abortion.
"I can't for a minute say that this indicates he is opposed to restrictions on abortion; it's too vague to make any interpretation at all," said Peg Dobbie of the New Hampshire chapter of the National Abortion Rights Action League.
"I wish we could say that you could interpret this that way, but you could just as easily say that he favors a parental consent law but just doesn't think the court or the judges should be involved."
Indeed, other Superior Court judges since Souter was elevated to the state Supreme Court have sent virtually identical letters to the legislature during debate of other parental-consent bills over the past decade, all of which have been defeated.
The U.S. Supreme Court has ruled that parental-consent laws must contain an option permitting a judge to decide if the minor seeking an abortion does not want to consult her parents.
by CNB