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One-hundred-thirteen years ofeditorialfreedom
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Ann Arbor, Michigan Vol. CXIII, No. 112
©2004 The Michigan Daily
No clear winner in abortion ruling
By Jameeil Naqvi
Daily Staff Reporter
The University of Michigan Health System
claimed a moderate victory Friday in its case
against the U.S. Justice Department over sub-
poenaed abortion records.
Judge Avery Cohn of the U.S. District Court
in Detroit ordered University obstetrician Timo-
thy Johnson to turn over only some of the
records requested by the Justice Department,
without information that would identify patients.
Johnson, along with the National Abortion
Federation and several other obstetricians, is a
co-plaintiff in a lawsuit to the 2003 Partial-Birth
Abortion Ban, which was signed into law by
President Bush in November. The challenge was
filed by the American Civil Liberties Union.
The University was only partially successful
in its efforts to block the Justice Department
subpoena. Its Feb. 23 motion aimed to prevent
the release of any of Johnson's documents to
But UMHS was awarded a moral victory in
what it claimed was a campaign to protect its
patients' privacy rights. Cohn determined that
the records would never be made available to
the public. "We believe these actions protect the
privacy rights of our patients, stated a UMHS
news release in response to Cohn's decision.
Cohn said he handed down the mixed bag
because he was not authorized to interfere with
the legal proceedings in which Johnson and the
Justice Department are embroiled.
Cohn ordered Johnson to review University
abortion records and identify which ones can
be used in the lawsuit. Johnson must surrender
these records - without patient identifiers -
by March 25 to Cohn, who will forward them
to Judge Richard Casey of the U.S. District
Court in New York.
Casey will then decide whether the records
are relevant to the lawsuit, and whether govern-
ment lawyers can use them in their defense
against Johnson's challenge to the 2003 Partial-
Birth Abortion Ban, which was signed into law
by President Bush in November.
The Justice Department also claimed Fri-
day's decision as a win, saying the decision
would further its efforts to defend federal law
while still protecting patients' rights.
The Justice Department claimed it sub-
poenaed documentation of Johnson's abor-
tion procedures last month in order to
determine Johnson's competence and
whether he had performed a procedure
often referred to as partial-birth abortion,
known as dilation and extraction within the
medical community. In the procedure, a
fetus is aborted after being partially deliv-
ered from the mother's womb.
UMHS spokespersons have said that John-
son does not recall having performed the proce-
dure in the last three years.
This ruling ends the University's involve-
ment in the case. UMHS is not a party to John-
son's lawsuit, but felt compelled to intervene, it
said, when the Justice Department's subpoena
threatened to compromise patients' privacy. In
defense of its motion to block the subpoena,
UMHS cited federal and state laws that protect
patients who are not named in a lawsuit.
The University's motion was filed Feb.
23, after it originally said it would comply
See ABORTION, Page 5A
By Aymar Jean
Daily Staff Reporter
Galvanizing students against the Division of Student
Affairs, the proposed changes to sexual assault services
have drawn the ire of groups across campus while the Uni-
versity defends its plan to augment resources.
Last week, members of Our Voices Count, a group
opposed to the changes, met with program directors to air
their opinions and make suggestions. But Kelly Cichy and
Todd Sevig, the directors of the Sexual Assault Prevention
and Awareness Center and Counseling and Psychological
Services, told the students that no fundamental changes
Would be made to the original plans.
While OVC cites as support for its cause cries of dissent
from sexual assault survivors and two University-commis-
sioned reports possibly calling the changes into question,
the administration claims expert analysis and years of
experience to its credit.
But these assurances have not assuaged some survivors
of sexual assault.
"I feel like (University administrators) aren't seeking a
world without rape as they say. They want a world that pre-
tends that rape does not exist," said one survivor, who
wished to remain anonymous.
In early February, the administration announced changes
to SAPAC. Starting this summer, SAPAC's counseling
services will be relocated to CAPS, a move intended to
increase SAPAC's education and advocacy resources,
which the University says counseling has always hindered.
SAPAC will keep its office at North University Avenue to
conduct education and advocacy. CAPS will hold longer-
term sexual assault counseling in the Michigan Union:
To improve immediate crisis intervention, adminis-
tration officials will shift SAPAC's 24-hour Crisis-line
to the SAFE House, the county provider for sexual
assault and domestic violence services. SAFE House's
phone line also operates 24 hours a day but provides
immediate phone assistance and translation in about
150 languages. Currently, callers to SAPAC's Crisis-
line must wait a few minutes while a volunteer is con-
tacted. Opponents argue, however, that the burden of
serving all of Washtenaw County might restrict SAFE
House's much-heralded promise of "immediate assis-
tance" with "no waiting."
Meetings bear little fruit
As of now, the University will implement the proposal as
planned, despite a series of protests scheduled in opposition.
LSA senior Katherine Turnock said administrators told
OVC "we're open to hearing your improvements on the
plan as it stands but not your critiques of the plan that's
Neither party has sought to schedule another meet-
ing. LSA senior Mia White said that OVC is open to
more meetings but only if approached by the adminis-
tration. Cichy said OVC does not seem open to more
dialogue. The group may pursue alternative means to
reach their goals.
"Eighteen years ago, we only had CAPS and a student
crisis line, and that wasn't good enough for the students
then. It's still not good enough for us now," said White,
referring to students who organized and acted to create and
Student outcry buttressed by reports
Although administrators like Cichy say the changes will
allow the center to focus on education and advocacy, oppo-
nents assert that the fragmentation of services will work
See SAPAC, Page 5A
Allssa Dewaele reflects on 199 victims of last Thursday's terrorist bombings In Madrid, Spain during 199 seconds of silence at a vigl on the Diag on Friday. In accordance with Spanish
tradition, the time of silence and reflection was ended with applause. Spanish officials later revised the death total in the attacks to 200.
Pain of Madrid blasts felt on campus
By Lucille Vaughan
Daily Staff Reporter
A bitterly cold wind swept across the Diag Friday, snap-
ping the Spanish flag and extinguishing the flames of the
red and yellow candles laid out to commemorate the vic-
tims of a series of train explosions in Spain last week.
More than 100 people gathered in a circle around the bronze
'M' to reflect on the terrorist bombings in Madrid on Thurs-
day, killing 200 people and injuring more than 1,500. Spanish
officials received a tip that al-Qaida planned the attacks.
Jordan Orley, an RC sophomore who spent Spring Break
in Spain, delivered a short speech in which he called for the
world to unite working to end such attacks.
"We are all here together because no matter what we feel
and where we come from, what unites us is our humanity,"
he said. "Today, through these acts of terror, the world
becomes a more connected place. The world must unify
itself in condemning these senseless acts of barbarism."
Orley added that the victims of the terrorists include not
only those who were killed in Madrid, but people around
the world. "We must not forget that yesterday there was not
one attack, but two," he said. "One attack was physical.
That attack occurred in the morning hours in three train sta-
tions in central Madrid. The second attack that was
unleashed yesterday was heard not just throughout the city
but throughout the world. That attack is an assault on our
freedom, on our sense of security, on our way of life."
Orley said that his distress over the tragedy in Madrid
prompted him to organize the vigil. He concluded his
speech by encouraging those present to keep a positive atti-
tude and work together to end terrorism.
"We must pick up the pieces. We should not allow our-
selves to indulge in self-pity and hopelessness. We do not
want to live our lives in fear. We do not want to hold vigils
often, and we do not want more days of our calendar asso-
ciated with days of terror."
LSA sophomore Lorea Barturen said the vigil provided a
place of solace for those affected by the attacks. "It was
really comforting to me to see members of the University
community come together and share their sorrow and com-
fort each other."
Although Barturen was born in the United States, her
parents are both from the Basque area of Spain. Spanish
See VIGIL, Page 2A
By Kristen Przybyiski
Daily Staff Reporter
The LSA Student Government has includ-
ed a question on their ballot that some repre-
sentatives feel may compromise the
democratic process within LSA-SG. If
approved, the initiative would alter the LSA-
SG constitution by changing the way its
president and vice president are elected.
Currently, the president and vice president
are on a single ticket and are elected by the
student body of the College of Literature,
Science and the Arts at the same time that
ided over proposed
Michigan Student Assembly representatives Vice Chair Jesse Knight,
are elected. A question on the ballot for this vent inexperienced studen
month's elections, held Wednesday and important student governm
Thursday, would change this process so that "This change would b
only voting members of LSA-SG would ing consistency of gover
elect the president and vice president. taining a cohesive gov
According to the LSA-SG Resolution in Knight, a senior. "It w
Support of Executive Office Election people from running go'
Reform, which was passed by a 15 to 3 vote never been on governmen
in LSA-SG, executives have been elected But some members of
who have no past experience on LSA-SG, amendment would hurl
which has resulted in unsatisfactory leader- process.
ship. "The resolution allows
The reform, said LSA-SG Appointments elected without direct stu
is intended to pre-
nts from derailing
e useful in keep-
ment and :main-
ould be keeping,
f LSA-SG say the
I the democratic
the president to be
dent votes or stu-
dent opinions," said LSA-SG Rep. Stuart
Wagner, a freshman. "(The president and
vice president) don't have to talk to a single
student outside. The only people they even
have to talk to are the representatives. ...
They lose contact with the student body."
Another major concern of Wagner and
other opponents is the president's power to
appoint an executive board, which they
say could lead to vote trading during A
"It will create a friends-help-friends
spoils system," said Wagner.
See LSA-SG, Page 5A
LGBT panelists discuss lobbying effort
By Mona Rafeq
Daily Staff Reporter
Leaders from the gay community gathered
to discuss key issues last night at the Michi-
gan League as part of a forum called "OUT-
"We wanted to organize an event that would
encourage the (lesbian, gay, bisexual and
tronandar) cmmunnity and its allie to
involving Tuesday's vote in the House.
The proposed constitutional ban, which
would have defined
marriage as only exist- " ersonal
ing between a man and r
a woman, needed a with this bi
total of 73 votes to be can vote o
passed on to the state
Senate and eventually then we ca
nlaced on the hallot in . .
decided to marry, would it be recognized?"
State representatives opposing gay marriages
also had a chance to
disagree speak before the vote.
According to Kolb, their
cause if we main point of support
my rights, was that "the inclusion
my * of gay marriages threat-
vote on ens the structure of fam-
ilv. the cornerstone of