European Stars and Stripes (Newspaper) - November 30, 1991, Darmstadt, Hesse Saturday november 30, 1991 the stars and stripes a Page 13 commentary Ellen Goodman pro Choice advocates Are counting on 92 Kathryn Kolbert likes to say that politics and Law Are a lot like sesame Street a you have to learn How to she did no to get this tip directly from Bert and Ernie but from her experience As an attorney defending abortion rights. There Are certain numbers that seem especially unlucky for any pro Choice calculator this year. Take the number 12. Last week the House came up 12 votes Short of being Able to override George Bush a veto and protect the right of a doctor to talk freely to a poor client considering an abortion. Take the number 600. That a about How Many new restrictive Laws state Legislatures have passed since the Webster decision allowed them greater leeway. Take the number four please. That a the margin in the Senate that confirmed Warence Thomas to a deciding seat on the supreme court. Now Kolbert a counting has turned to a countdown. The Acle lawyer is the Lead attorney on a Case heading Down the fast track to the supreme court. It comes with a petition that asks the justices to say once and for All has the supreme court overturned Roe v. Wade is abortion still a fundamental constitutional right in the United states this question has been simmering since Reagan and Bush began appointing new members to the highest Bench. The new court Hasni to killed the right established by Roe v. Wade but its nibbling it to death. Indeed in 1989, the Webster decision virtually invited the states to Start chomping. Now abortion rights groups have said enough. In Kolbert swords a it is time to Force the court to say whether or not Roe remains the the Case that raises that Issue is planned parenthood versus Casey. This Case began in the Pennsylvania legislature. In 1989, the legislators voted in favor of a Law that restricted abortion by among other things requiring a mandatory waiting period state written counselling parental consent and husband notification. On oct. 21, the 3rd circuit court of appeals upheld every restriction except the one forcing women to Tell their husbands. More importantly the court based its ruling on the belief that Roe v. Wade had already been gutted. Abortion they said was no longer a fundamental constitutional right but rather a a limited fundamental this a right a in other words could be limited by any Law a legislature passed and a court thought was until now abortion rights advocates a carefully counting the numbers on the supreme court a have tried to avoid a showdown Over Roe. It was always the anti abortion forces that asked for a review of the seminal Case. Pro Choice advocates figured women were better off clinging to whatever they could grasp while the Cliff eroded under them. Now Kolbert a clients the clinics and doctors who provide abortions in Pennsylvania have said Quot we re tired of dying gracefully. Its time for the court to by petitioning the court for a review they Are risking an earlier and full reversal of Roe. But As Kolbert says any woman within the jurisdiction of the 3rd circuit appeals court a Pennsylvania Delaware and new Jersey a has already lost a fundamental right. The reality is that pro Choice supporters can tue count on the court. The abortion Issue has gradually but inexorably moved out of the Legal system and into politics. So now the most important numer on the minds of the groups pushing for a definitive answer from the supreme court is 1992. This Case is the Only one challenging Roc that could get to or through the supreme court this election year. If the state of Pennsylvania decides next week to join the Issue and keep to a speedy timetable the Issue of abortion is going to be front and Center in every race. A i think most people have a hard time believing that the supreme court could take away a constitutional right a says Kolbert. A when i say to Young women a do you believe that the court could take away the right to birth control and abortion a there a a disbelief that permeates their if the justices after All overturn Roe a the Bedrock of privacy decisions a the right of a woman to decide is going to land squarely in the laps of legislators. And 1992 could be the year when Many politicians discover their number is up. C the Boston Globe newspaper company try r if James j. Kilpatric affirmative action can create unjust quotas a letter came the other Day from Tom locker. He is a 41-year-old Captain in the firefighting corps of the . Forest service in California. He is also self evidently a mate. This is important. Locker is effectively denied promotion within the Forest service not because he lacks experience or qualifications. He has 17 years of experience and is fully qualified. He is stuck in Grade because of the important reason when it comes to promotions within Region five of the Forest service no males need apply. This is exactly the evil that president Bush was going to assail before he lost his nerve a week ago. Such discrimination is pervasive within the Federal government where a affirmative action has some highly negative human consequences. The Forest service Story goes Back to december 1972, when Gene Bernardi a female sociologist with the service complained of discrimination. Eventually she filed suit and the suit became a class action. In july 1981, a . District judge entered a consent decree. Under the decree the Forest service did not admit discrimination but it agreed to a plan of a goals and guidelines to enlarge the employment of women throughout the affected Region. The decree was to remain in effect for five years when results would be examined. Since then the goals and guidelines have become for All practical purposes out and out quotas. Two months ago word spread within Region five that some fire management officers were telling Young men off the record not even to apply a you Are of the wrong Richard a. Henry director of aviation and fire management issued an a Alert Alert alerts denying the allegation. He said a this program is an equal Opportunity program which is available to males and females alike a not one gender or then Henry added a there is a consent decree requirement that we meet 65 percent female if it is attainable Given the applicant Pool but that still leaves 35 percent for other Back to Tom locker. He writes a the quota system is tearing the Agency apart creating animosity and mistrust Between men and women management and workers. And lowering the Agency a ability to do its Job. We spend much More time Energy and Money managing our own work Force than carrying out the Mission Congress has assigned us. A a in a writing this letter in the Hopes of getting some Public attention on the Issue. If taxpayers see the tremendous waste this affirmative action program is creating and when Ordinary citizens see the pain and unfairness of these systems they May have second thoughts about supporting others in the it is not uncommon locker says for Job vacancies to be announced three or four times. He provided a recent specific example. The Forest service invited applications to be received by sept. 16 for enrolment in the apprenticeship Academy next february. The period was extended to oct. 16 for want of Quot an adequately diverse applicant no males need apply. On oct. 4, locker sent a notice of complaint to the services equal employment Counselor in san Francisco. He listed 18 positions for which he had applied since March. Two men actually were selected for promotion to fire management officer one in six Rivers the other in Tahoe. But in Sierra Angeles Klamath Cleveland san Berdo Sequoia stanislaus Eldorado Mendocino and Plumas the results were the same a female selected. Female selected. Female locker is not a lonesome malcontent. Jan r. Seils retired two years ago after 28 years with the Forest service. He wrote a sad letter a we have a work Force of Many under experienced women and disgruntled men. Some 50 men in the Forest service filed suit last january seeking Relief from the quotas. Earlier an administrative Law judge found their documentation a very before writing this column 1 asked locker if i could quote him by name. A feel free a he said. A the Agency has taken away my Merit promotion rights. They have yet to take my Freedom of this is what a affirmative action a is All about. Would George Bush care to comment c univ Orsat Prais syndic Ato
