Talks Could Lead to Settlement in Key Abortion Case

CHICAGO â€”  Lawyers on both sides of a pivotal Illinois abortion battle began talks last week that could lead to an out-of-court settlement in the case only months before it is scheduled for argument before the U.S. Supreme Court.

Any agreement would be a blow to anti-abortion forces, who have hoped the court’s conservative majority might use either the Illinois case or two other pending abortion suits to severely restrict the procedure or outlaw it entirely.

On the other hand, pro-choice activists, stung by recent setbacks in the high court, see a settlement as a way to prevent further erosion of abortion rights.

The Illinois case was brought originally by Richard M. Ragsdale, a Rockford obstetrician who challenged the restrictions on abortion clinics contained in a 1979 law.

Political Pressure

Although views of the development differed sharply, both supporters and opponents of abortion rights agreed Wednesday that political pressure on Illinois Atty. Gen. Neil F. Hartigan was a major factor in the discussions.

Hartigan, a Democrat, is running to succeed Republican James R. Thompson when he retires as governor next year.

As the state’s chief lawyer, Hartigan has the responsibility of defending the abortion statute on behalf of State Public Health Director Bernard Turnock, technically the defendant in the Ragsdale suit. After losing to Ragsdale in the lower courts, it was Hartigan who appealed the case to the Supreme Court.

Eyeing the appeal, pro-choice activists greeted Hartigan’s announcement of candidacy last month with scorn, especially when he declared that he favored abortion rights. Adding to Hartigan’s problems, the leading Republican to emerge as a candidate for governor, Secretary of State Jim Edgar, has solid pro-choice credentials.

Jean Marie Schultz, a spokeswoman for Hartigan, denied that the attorney general had anything to do with initiating settlement feelers. However, she acknowledged that a Hartigan aide discussed the idea last week with both Turnock and a lawyer for the American Civil Liberties Union, which is representing Ragsdale.

“We are a conduit, not an instigator,� Schultz said.

‘Preliminary’ Talks

However, sources close to both Turnock and pro-choice activists disagreed with that version of events. “The attorney general’s office came to us and said, ‘Would you rule this out?’ � explained Penny Strong, a spokeswoman for Turnock. “And we said, ‘No, but . . . ‘ “ Strong described the talks as “preliminary� and said no details of any settlement had been discussed.

Gwen Osborne, a spokeswoman for the ACLU affiliate in Chicago, agreed. “There’s just feelers right now,� she said. “Everybody’s kind of just looking around.�

Abortion rights supporters greeted the news with a cautious optimism. “Given the individuals that sit on the Supreme Court right now, and the fact that this is the major one (case) that could be used to overturn Roe vs. Wade . . . it’s certainly to our advantage to see this settled and not get to the court,� said Sue Purrington, head of the Illinois Pro-Choice Alliance and executive director of the state chapter of the National Organization for Women.

Abortion Foes Furious

Meanwhile, abortion foes were furious at Hartigan. “I think it’s totally political on Mr. Hartigan’s part and it will be very unfortunate if the Supreme Court is not given the opportunity to restore to women in Illinois the protection that the laws and regulations being challenged by Dr. Ragsdale were adopted to provide them,� charged state Rep. Penny Pullen, a Republican.

“I think it takes two to tango, regardless of who started it (the discussions). The state has a very strong case and he should be pressing it.�

The Ragsdale case could have the most sweeping impact of three cases now before the Supreme Court. While the other cases primarily involve the rights of minors to receive abortions, the Illinois case deals with the right of the state to regulate the operation of abortion clinics.

Ragsdale contends that state rules would drive the price of abortions so high that it would be virtually impossible to operate an outpatient abortion clinic.

Researcher Tracy Shryer contributed to this story.