— After a delay of over 7 days, a Pennsylvania Judge has finally dissolved an injunction preventing a 22 year old woman from seeking her legal right to an abortion. Judge Michael Conahan of the Luzerne County Court issued his decision today stating that the woman’s ex-boyfriend who had originally filed the suit, had failed to cite any legal authority establishing his right to block her from getting an abortion.
Over the course of the past week, the case went all the way to the Supreme Court of Pennsylvania as the woman’s attorneys, the Center for Reproductive Rights sought emergency appeals to allow the woman access to the medical procedure.
"It is incredible that it took this long for the Pennsylvania courts to recognize my client’s established constitutional rights, but we are relieved that this ordeal is finally over, said Linda Rosenthal, a staff attorney for the Center for Reproductive Rights and lead counsel on the case. "An adult woman has a fundamental constitutional right to privacy. There is no excuse for what happened in Pennsylvania this past week." added Rosenthal.
The case began last Monday when the woman’s abusive ex-boyfriend, John Stachokus, who had previously been served with a Temporary Protection from Abuse Order, filed the suit to prevent her from terminating the pregnancy. At a subsequent hearing on Wednesday, Judge Conahan ordered the attorneys to submit additional legal papers, postponing the woman’s procedure indefinitely and putting her health in jeopardy. On Thursday, the Center for Reproductive Rights filed an Emergency Appeal to the Superior Court of Pennsylvania in Harrisburg. Ignoring the emergency nature of the appeal as well as clear federal and Pennsylvania law addressing the issue, the Court instead directed the other side to file a brief by noon on Tuesday, August 6, 2002. The Center responded by filing another Emergency Appeal on Friday to the Supreme Court of Pennsylvania in Philadelphia. The Supreme Court denied that Emergency Appeal without prejudice within the same day.
The final dissolution of the injunction came early this afternoon from the Luzerne County Court. Although it is a victory for the woman, the case itself raises larger concerns about the strength and stability of women’s access to legal abortions.
U.S. Supreme Court precedent establishes that a pregnant woman’s right to privacy precludes anyone from preventing her from terminating a pregnancy prior to viability of the fetus. In 1976, the Court first held that a statute requiring spousal consent before a woman could obtain an abortion violated the right to choose previously established in Roe v. Wade. The Court reiterated its ruling in the 1992 Casey decision and emphasized that the man’s interest in the fetus could never outweigh the pregnant woman’s liberty interest.
Representing the respondent in the case Stachokus v. Meyers were Linda Rosenthal and Adrienne Lockie of the Center for Reproductive Rights, and local counsel Brian Cali. The Women's Law Project was co-counsel in the case.
