A silent mother, a fetus, and a state's prerogative

Advocates on both sides of the abortion debate also complain that the tragedy has been made so public. But both also contend that it could turn into a test case - if it is challenged through to higher courts - that could be pivotal in the national debate over abortion rights.

The case's evolution is complex. Lawyers for the Department of Children and Families had planned to ask the court to appoint one guardian to J.D.S. and one to her child, if it is born. A day after that request was made public, Governor Bush reversed the decision, saying the state would seek a guardian for the fetus also in an emergency hearing.

That caused an uproar in the abortion-rights community. The National Organization for Women, the American Civil Liberties Union, and the Center for Reproductive Rights filed a brief at the hearing, calling the Bush reversal unconstitutional. They are concerned about J.D.S.'s health and ability to carry the fetus to term - and they believe Bush's action was designed to delay the appointment of a guardian for her so long that an abortion would no longer be tenable.

"There was total disregard for her constitutional rights and her health," says Carla Josephson, president of the Orlando-area chapter of the National Organization for Women. "This case was interfered with by the Bush administration precisely because she has no voice, politically she's powerless, and they want to use her as a tool to further their case for recognition of the fetus as a person."

Antiabortion forces applaud Bush for challenging the 1989 Supreme Court ruling, which they believed overreached into "judicial activism." Ken Connor, now president of the Family Research Council, was a lawyer for anti-abortion groups in Florida and argued on their behalf in the case. He supports the state's current actions.

"The howls of indignation of the pro-abortion lobby bespeak how zealous they are," says Mr. Connor. "Their underlying premise seems to be that it's in the best interest of the mother that her child be destroyed. I don't think that should be a given. It says the child should be executed for the crime of the parents."

Advocates for the disabled note there have been similar cases in Florida in which young women under state care have been raped. And they suggest the state should focus on its handling of its most vulnerable citizens.

"This isn't about abortion rights," says Lance Block, an attorney who works with the disabled. "It's about whether we force mentally incompetent women who function on the level of a toddler ... to have babies after they've been raped under the supervision of Florida."

A guardianship hearing is set for June 2.

Page: 1 | 2