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Jeremiah Poff, Education Reporter


NextImg:Westchester, New York, scrambles to update abortion clinic law: 'Afraid of the Supreme Court'


A New York county is reconsidering a law that establishes a 100-foot buffer zone outside abortion clinics just as the U.S. Supreme Court is poised to decide whether to hear a case challenging its constitutionality.

On Tuesday, the Westchester County Board of Legislators will hold a public meeting to decide whether or not to amend the "Clinic Access Law," which was passed last year and establishes a 100-foot buffer zone around abortion clinics and prohibits protesters and sidewalk counselors from being within 8 feet of someone in the buffer zone.

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The planned amendment would not completely repeal the law but would amend it so as to remove the 8-feet provision. According to board documents, the legislators are seeking to repeal the provision because it is "difficult to enforce" and is not necessary to ensure access to abortion clinics.

The change comes a month after the 2nd Circuit Court of Appeals ruled that the boundary was constitutional under a precedent established by the U.S. Supreme Court in Hill v. Colorado, in which the court upheld an almost identical ordinance in 2000.

But the litigants in the case are now appealing to the Supreme Court with an eye toward overturning the Colorado case, and Joe Davis, a counsel for the Becket Fund for Religious Liberty, a nonprofit legal outfit representing the plaintiffs, said the county board is attempting to amend the law because it is afraid that the Supreme Court will take the case and establish a new national precedent.

"The county is afraid of our lawsuit and afraid of the Supreme Court," Davis said in an interview with the Washington Examiner. "They know that this law is about to be struck down and Hill v. Colorado is about to be overruled when this case gets back to the court."

Davis said the county's effort, which has the backing of the local Planned Parenthood, is a "desperate gambit" to avoid the overturn of Colorado and predicted it would be unsuccessful.

"It shouldn't work, and it likely won't work," the attorney said. "And that's because they spent the last year enforcing this law stopping people from engaging a sidewalk counselor, and you can't just erase all that at the last minute. And for another thing, as soon as the case goes away, they could just turn around and reenact the same law."

The Becket Fund attorney said he believes that the legislators in Westchester are "thinking about the national picture" and don't want to be the case that overturns the precedent.

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"It really only underscores that everybody knows these kinds of laws are unconstitutional and that it's time for the court to step in and make that official," Davis said.

Planned Parenthood did not respond to a request for comment.