Another Judge Rules State Abortion Safety Law Unconstitutional

Susan Berry

Document Publication: Breitbart News Network -

Publication Date: August 05, 2014

A federal judge ruled Tuesday that an Alabama law requiring abortionists to maintain local hospital privileges is unconstitutional.

Judge Myron Thompson said the Alabama law created an “undue burden” on women seeking abortions because the law would force three out of five abortion facilities in that state to close, as abortionists at those facilities are unqualified to receive hospital privileges.

The ruling follows a similar decision by a U.S. Circuit Court last week that the state of Mississippi may not require abortionists to have admitting privileges at local hospitals.

As Operation Rescue notes:

Requiring abortionists to maintain hospital privileges ensures that patients receive continuity of care. Experts have testified in both Alabama and Mississippi that abortionists often call 911 in the event of an emergency, and leave it to emergency room staff, which seldom include an Ob/Gyn, to figure out the extent of a patient’s injuries or complications. This causes a delay in emergency care.

Abortion safety laws that demand abortionists and abortion facilities have the same health and safety requirements as other medical professionals and facilities have been passed in some states recently in response to the case of Philadelphia abortionist and convicted murderer Kermit Gosnell. His abortion facility--named the “House of Horrors”--was permitted to go uninspected for decades due to pressure from the abortion industry and its supportive politicians.

Earlier this year, another set of judges from the same U.S. District Court that ruled in the Mississippi case, let stand a similar law in Texas.

Planned Parenthood president Cecile Richards expressed pleasure at the Alabama ruling: [ see ]

“This decision misses the point entirely,” Father Frank Pavone, national director of Priests for Life, told Breitbart News immediately after the Mississippi ruling. “At issue here is not that women end up having an ‘undue burden’ in getting an abortion, but rather that abortionists apparently consider it an ‘undue burden’ to get hospital admitting privileges.”

“If those who staff the last remaining abortion facility in the state of Mississippi cannot find a doctor who can meet that commonsense standard, why should the state lower its expectations of physicians?” Pavone asked.

“As I have been pointing out for decades, abortionists are the lowest rung of the ladder of the medical profession. They are corrupt and unscrupulous,” he added. “This case shows that if adherence to professional standards interferes with business, the abortion industry will throw those standards out the window as fast as they can.”

Lila Rose, president of Live Action, told Breitbart News, “Here is what happens when rulings like this one come down: more women are injured, and more babies are killed.”

Regarding the Mississippi abortion facility, Rose said, “Eventually, a new story will come out re-establishing this abortion mill's barbaric activities and scandalous reputation, and the place will at last be shut down. But not without more unnecessary injuries and deaths.”

“We know that the pro-life movement is gaining ground; we're seeing it in every demographic, and especially among millennials,” she added. “But it's the greatest tragedy and human rights abuse of our day that so many lives must be lost before the culture of life wins out.”

Similarly, Troy Newman, president of Operation Rescue, said, “Following Thompson’s flawed logic, he would rather keep open an abortion facility open [sic]--even if it was the likes of Kermit Gosnell and his filthy ‘House of Horrors’--than close an abortion facility, no matter how dangerous it is for women.”

“This puts the fabricated ‘right’ of an abortionist to operate whatever kind of shoddy, dangerous back-alley business he wants above the lives and health of women,” Newman asserted. “This ruling must be appealed by the state in the interest of protecting women from substandard practices that endanger their lives every day.”

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