5A
THE DAILY ASTORIAN THURSDAY, MARCH 3, 2016
Deeply split Supreme Court
wrestles with abortion case
By MARK SHERMAN
Associated Press
WASHINGTON — A
Supreme Court deeply split over
abortion wrestled Wednesday
with widely replicated Texas
regulations that could drastically
cut the number of abortion clin-
ics in the state. As ever, Justice
Anthony Kennedy appeared to
hold the outcome in his hands
on a court operating with eight
justices since the death of Justice
Antonin Scalia.
The court¶s most signi¿cant
abortion case since the early
1990s crackled with intensity
during 85 minutes of pointed
questions from liberal and con-
servative justices that sug-
gested little common ground in
resolving the clinics’ claim that
the regulations are medically
unnecessary and unconstitution-
ally limit a woman’s right to an
abortion.
Texas says it is trying to pro-
tect women’s health in rules
that require doctors who per-
form abortions to have admit-
ting privileges at nearby hos-
pitals and force clinics to meet
hospital-like standards for out-
patient surgery. The rules would
cut the number of abortion clin-
ics in the state by three-fourths,
abortion providers say.
Krill Kudryavtsev/Pool Photo via AP
International Space Station crew member Scott Kelly
of the U.S. shows a victory sign after landing near the
town of Dzhezkazgan, Kazakhstan, on Wednesday.
Yearlong spacemen
embrace fresh, frigid
air back on Earth
Questions
The three women justices
and Justice Stephen Breyer
repeatedly questioned why
Texas needed to enact the 2013
law. “But what is the legiti-
mate interest in protecting their
health? What evidence is there
that under the prior law, the prior
law was not suf¿ciently protec-
tive of the women’s health?”
Ginsburg asked Texas Solicitor
General Scott Keller.
More than 210 women are
hospitalized annually as a result
of complications from abor-
tions, Keller said. Pressed by
Ginsburg, Keller acknowledged
that was a complication rate of
less than 1 percent of the state’s
70,000 or so abortions a year,
but said the state still could act
to make abortion safer.
The clinics, backed by the
Obama administration, argue
that the regulations already have
closed half the roughly 40 clin-
ics that existed before the law
was enacted and that only about
10 clinics would remain if it is
allowed to take full effect.
The high court, again divided
between liberals and conserva-
Pro-abortion rights protesters rally outside the Supreme
Court in Washington, Wednesday. The justices heard the big-
gest case on the topic in nearly a quarter century and are con-
sidering whether a Texas law that regulates abortion clinics
hampers a woman’s constitutional right to obtain an abortion.
tives, has blocked the surgical
center requirement from taking
effect.
Solicitor General Donald
Verrilli Jr. urged the court to
offer a new endorsement of the
abortion right it last af¿rmed
in 1992. “If that right still does
retain real substance, then this
law cannot stand. The burdens
it imposes, the obstacles, are far
beyond anything that this Court
has countenanced. And the jus-
ti¿cation for it is far weaker
than anything that this Court has
countenanced,” Verrilli said.
Chief Justice John Rob-
erts and Justice Samuel Alito
pressed the lawyer for the clin-
ics, Stephanie Toti, to cite evi-
dence showing that the regula-
tions have had the drastic effect
she claimed. Both Alito and
Roberts questioned whether
some clinics closed for reasons
independent of the regulations.
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6
By MARCIA DUNN
AP Aerospace Writer
Photos by Susan Walsh/AP Photo
Anti-abortion protesters rally outside the Supreme Court in Washington, Wednesday. The
abortion debate is returning to the Supreme Court in the midst of a raucous presidential
campaign and less than three weeks after Justice Antonin Scalia’s death. notforsale
“What evidence is there that
ties the closures to the require-
ments?” Roberts asked. Only
Justice Clarence Thomas, who
broke 10 years of silence at
arguments on Monday, did not
ask any questions.
Decisive vote
Even with the outspoken
abortion rights opponent Sca-
lia on the court, Kennedy would
have held the decisive vote.
He provided the margin of vic-
tory in the 1992 case that bol-
stered the abortion right the
court declared in Roe v. Wade
in 1973. He wrote the majority
opinion in another 5-4 case in
2007 that upheld a federal ban
on the procedure known as par-
tial-birth abortion.
Kennedy’s
questions
Wednesday did not make clear
where he is headed. But he holds
the key to whether the court splits
4-4, a result that would leave
the regulations in place, but not
resolve the issue nationally. He
could side with his four more lib-
eral colleagues to rule for the clin-
ics and roll back the regulations.
Kennedy also suggested
another outcome that would in
essence put the issue on hold for
a time to see whether the remain-
ing clinics in Texas are able to
accommodate the demand for
abortion in the nation’s sec-
ond-most-populous state.
If the court is evenly divided,
the justices could decide to
rehear the case once a new col-
league joins them. President
Barack Obama says he will
nominate a successor to Scalia.
But Senate Republicans, backed
by the party’s presidential candi-
dates, have pledged to keep Sca-
lia’s seat empty so that the next
president can ¿ll it after taking
of¿ce in January 2017.
Kennedy appeared con-
cerned that one effect of the
2013 Texas law is that it has
lowered the number of abor-
tions resulting from women tak-
ing pills and increased the num-
ber of more invasive surgical
abortions, which he said “may
not be medically wise.”
The hearing took place in the
middle of a raucous presidential
campaign, and the scene outside
the court on Wednesday had the
feel of a campaign rally.
Dozens of anti-abortion pro-
testers chanted “pro-life, pro-
woman” while hundreds of
abortion rights advocates nearby
shouted “abortion is a human
right.”
CAPE
CANAVERAL,
Fla. — Ah, there’s nothing
like a blast of fresh, frigid
air to welcome you back to
the planet after nearly a year
cooped up in space.
That’s the word from astro-
naut Scott Kelly, NASA’s
space-endurance
champ
who returned to bitterly cold
Kazakhstan on Wednesday,
along with his roommate for
the past year, Russian cosmo-
naut Mikhail Kornienko.
In a NASA interview
before heading home to Hous-
ton, Kelly said it was “amaz-
ing” to feel the cold air when
the hatch of his Soyuz capsule
popped open after touchdown.
“I don’t mean to say it’s not
fresh on the space station,” he
said, “but there’s nothing like
new cold air coming into the
capsule.”
Both Kelly, 52, and Korn-
ienko, 55, yearned for nature
throughout their 340-day mis-
sion at the International Space
Station, a dry run by NASA
for eventual trips to Mars.
“Just like Scott, I wanted
to see Earth and I wanted to
smell that fresh air. This is an
unforgettable feeling,” Korn-
ienko said.
It was the longest an Amer-
ican ever lived in space,
although nothing new for the
Russians. The world record is
438 days, set back in the mid-
1990s at the former Mir space
station. Even before that, a
pair of Soviet cosmonauts
had racked up a full one-year
spaceÀight.
“Congratulations on your
record,” former cosmonaut and
LISTINGS
A - Charter Astoria/ Seaside - L - Charter Long Beach
Kazak space agency chief Tal-
gat Musabayev said at a wel-
coming ceremony. He couldn’t
resist: “Of course, it was
already done 28 years ago.”
President Barack Obama
joined the chorus of praise
pouring in.
“Welcome back to Earth,
@StationCDRKelly!
Your
year in space is vital to the
future of American space
travel. Hope gravity isn’t a
drag!” Obama said via Twitter.
The latest one-year space
subjects quickly parted com-
pany, Kelly Àying back to
Houston and Kornienko to Star
City, Russia, near Moscow.
Kelly acknowledged it was
bittersweet leaving the space
station — his home since last
March, currently staffed by
three men until the arrival of
three more in two weeks.
“I’d been there a long time,
so I looked forward to leav-
ing. But at the same time, it’s
a magni¿cent place and I’m
going to miss it,” he said.
Neither will be saying
goodbye — in Russian, do
svidaniya — to medical tests
anytime soon.
Minutes after emerging from
their capsule, they were whisked
in chairs to a medical tent where
they did their best to stand, walk,
jump, navigate obstacles —
everything an astronaut might
need to do immediately upon
arriving at Mars.
NASA aims to put astronauts
on the red planet in the 2030s,
but ¿rst wants to know how the
body — and mind — will fare
during the 2½-year expedition.
Kelly ranked physical isolation
aboard the 250-mile-high plat-
form, from those he loved, as his
biggest challenge.
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