In an attempt to force the Court to act, attorneys for McCardle asked that the effect of the repeal legislation on the case be argued before the Court.

That repeal legislation vested control of the Commission's documents in the Speaker of the House of Representatives and the President of the Senate.

But jurists are raising questions about the legality of the repeal legislation, and several European countries are seeking the extradition of the accused for trial there.

Even if the repeal legislation passed in the House and survived a filibuster in the Senate, it would without question be vetoed by the President.

The repeal legislation zipped through the Senate and was dumped in Mr. Haytaian's lap in the Assembly.

The Senate president, Richard J. Codey, who helped engineer the original law, said of the repeal legislation, "It's under consideration."

AIDS specialists hailed the repeal legislation as long overdue.

The Democrats pushed the record $2.8 billion tax package through the Legislature in June 1990, then used their majority committee positions to keep any repeal legislation from reaching the floor.

The Senate tacitly acknowledged that sentiment last week, adopting an amendment intended to make the repeal legislation more politically palatable.

Gov. Nelson A. Rockefeller vetoed the repeal legislation, and in 1973, the Supreme Court legalized abortion nationwide.