ProLifeBlogs

Gosnell defense rests without a witness as judge clarifies murder charge dismissal

Wed, 24 Apr 2013 12:36:11 -0700

April 24, 2013/Cheryl Sullenger/Philadelphia, PA/Operation Rescue --

In a surprise move, the defense in the Kermit Gosnell murder trial has rested without calling a single witness. The news comes on the heals of a clarification by Judge Jeffery P. Minehart about a mix-up in the dismissal of one of the murder charges yesterday.

Closing arguments are set for Monday.

Yesterday's dismissal of nine criminal charges against accused murderer Kermit Gosnell stunned many who have followed this macabre case involving babies born alive during illegal late-term abortions then intentionally killed amid squalid conditions at Gosnell's "House of Horrors" abortion clinic.

Today, Judge Jeffery P. Minehart clarified that he did not intend to drop the First Degree Murder charges for Baby C, a baby witnesses said was breathing for 20 minutes before it was stabbed in the neck by Lynda Williams in Gosnell's presence.

Instead, murder charges should have been dismissed in the death of Baby F for which there was less compelling evidence.

Nevertheless, the dismissals are expected to have little effect on the trial's outcome. Court records show that Gosnell still faces over 380 criminal counts, including five murder charges. A conviction on any of the First Degree murder counts would mean he could still receive the death penalty or life in prison without parole.

Continue Reading

Gosnell judge dismisses 3 murder charges, 5 remain

Tue, 23 Apr 2013 12:58:57 -0700

PHILADELPHIA, April 23, 2013 /Christian Newswire --

Judge Jeffery P. Minehart dismissed three of the eight murder charges against Kermit Gosnell this morning, leaving five counts that will eventually go to the jury. The three dismissed first degree murder counts dismissed today relate to the accused murder of three newborn babies, birthed during late-term abortions only to have their spinal cords severed.

Operation Rescue has been in the courtroom reporting on the trial.

"I am shocked that these counts have been dismissed. I have heard testimony by very credible witnesses to the effect that these babies were murdered in cold blood by Gosnell as they cried and struggled for life. We pray that justice will be done in the remaining five victims of Gosnell's horrific slayings," said Cheryl Sullenger, Senior Policy Advisor for Operation Rescue, who has observed the trial and published first-hand accounts of the proceedings.

The remaining charges are related to the death of four newborns and one patient, Karnamaya Mongar, who died from a drug overdose during a second trimester abortion by Gosnell.

Testimony from the medical examiner and toxicologist has indicated that there was no evidence the babies were injected with Digoxin to ensure the babies were dead prior to the abortion, as the defense has claimed.

The medical examiner testified that tests were inconclusive as proof that the babies were born alive. However, the tests also did not prove the babies were dead prior to birth. Those inconclusive test results were overshadowed by the weight of testimony from witness after witness, who detailed how the babies were in fact living prior to being murdered through what one witness described as a "virtual beheading."

"If Gosnell gets off scot-free, that will send a message that murdering live babies and abortion patients is now acceptable behavior in America and that abortionists who engage in such depraved practices are above the law. This would put women and babies in grave danger - more than they already face - at abortion clinics throughout the nation," said Sullenger.

Sullenger is set to return to the courtroom on Monday to hear and report on the remainder of the defense case.

Read Sullenger's reports on Gosnell trial at OperationRescue.org.

Florida abortionist Pendergraft's license suspended for 5th time

Mon, 22 Apr 2013 14:21:09 -0700

April 22, 2013/Cheryl Sullenger-Operation Rescue/Orlando, FL -

The Florida Board of Medicine took action to suspend the medical license of late-term abortionist James Scott Pendergraft, IV on Friday after he failed to pay the Board fines from a previous disciplinary action that totaled over $120,000.

The settlement agreement reached between the Board and Pendergraft orders that his medical license "shall be indefinitely suspended until such time as [Pendergraft] complies" with the order to pay his fines.

This is the fifth time that Pendergraft's medical license has been suspended by the Florida Board of Medicine. He continues to operate five abortion clinics in Florida, primarily in the Orlando area.

The fines resulted from a 2010 case where Pendergraft was heavily fined and placed on suspension related to a 2006 botched elective 19-week abortion.

Patient S.B went to Pendergraft for the second trimester abortion on Feb. 3, 2006. He prescribed doses of Cytotec, a drug that is known to cause severe and unpredictable uterine contractions and sent her home for three days to take the medication on her own. Pendergraft did not have a valid DEA number at the time.

When S.B. returned to the clinic, he further illegally administered doses of Cytotec, Demerol, and Phenergan. He attempted the abortion before the patient was adequately dilated, lacerating her cervix and sending her to the hospital where she underwent an emergency hysterectomy.

At the hospital, staff delivered the remains of S.B.'s baby and found that it was missing a lower limb. Efforts were made to locate the limb in the abdominal cavity to no avail. There were no indications on the patient's chart. Later, it was discovered that the limb had been removed at the clinic. This lack of documentation caused issues in providing the patient with proper emergency care.

Pendergraft was suspended and ordered to pay fines in excess of $122,000. Pendergraft failed to pay, resulting in another disciplinary case attempting to seek payment. Finally, Friday's action suspended his license until further notice.

Pendergraft has a long history of abortion abuses. An Operation Rescue undercover investigation discovered that he was working illegally in Maryland with another abortionist Harold O. Alexander, to offer late-term abortions while his license was under suspension in Florida and filed complaints. Alexander was later disciplined for destroying patient records related to his business with Pendergraft, closing down Pendergraft's Maryland operation.

In 2011, Pendergraft was hit with a whopping civil medical malpractice judgment of $36,737,660.16 in compensatory and punitive damages in a case involving a botched 20 week abortion that resulted in the live birth of a child physically damaged by Pendergraft's incompetent abortion process amid what was described as "third world conditions" with virtually no counseling.

"Pendergraft is a prime example of how an abortionist operating outside the law in a manner that is reminiscent of the Kermit Gosnell murder case. He is proof that Gosnell is not an outlier, but is a snapshot of degenerate nature of the abortion cartel in America today," said Troy Newman, President of Operation Rescue. "Pendergraft belongs in prison just as much as Kermit Gosnell, but the reticence of the Board to revoke his license means he will be back to wrecking more havoc on women. People wonder how Gosnell continues to operate for so long, but the Pendergraft case explains it. Oversight agencies are just too slow to revoke abortion offenders."

More about Pendergraft's sordid background can be found at AbortionDocs.org.

Carnage: Grisly testimony and photos of aborted baby remains dominate Gosnell trial

Tue, 16 Apr 2013 12:58:42 -0700

Philadelphia, PA/April 15, 2013/Operation Rescue --

by Cheryl Sullenger

The fifth week of Kermit Gosnell's capital murder trial resumed today with graphic testimony from Dr. Sam Gulino, Chief Medical Examiner for the City of Philadelphia, who discussed his examination of the remains of 47 fetuses seized by law enforcement authorities from his "House of Horrors" abortion clinic. Dr. Gulino testified that this case was unprecedented and he could not find a colleague who had ever dealt with a case involving frozen fetal remains of this nature.

For the first time, photos of Karnamaya Mongar's dead baby were shown to the jury. Mongar died from an overdose of Demerol during a second trimester abortion done by Gosnell.

Mongar's baby was estimated to be 16-19 weeks gestation. The baby's skin was bright red, (a condition later described as the early stages of decomposition), and sported a head of dark brown hair. The Medical Examiner found no fetal anomalies when he examined the baby's body. A photo of the back of the child showed a deep gash approximately an inch long in the back of the baby's neck. Mongar's abortion took place in 2007, meaning that those remains had been stored in a freezer at the clinic for three years.

Continue reading (Warning: Graphic content, but please read and forward this story to raise awareness of abortion abuses.)

Dr. Edelin, Dr. Gosnell: What a difference 39 years makes

Mon, 15 Apr 2013 15:42:00 -0700

Almost forty years ago, the Massachusetts Supreme Judicial Court overturned a manslaughter conviction against a doctor whose patient's child had survived three abortion attempts before the doctor literally took matters into his own hands. That doctor went on to honors and leadership in PPFA.

Today, Kermit Gosnell is on trial for eight murders, including the murders of seven children who were born alive after attempted abortions. What has changed in four decades, and what hasn't?

Read entire article here.

Voice For Life wins rights as official student club at Johns Hopkins University

Wed, 10 Apr 2013 11:27:03 -0700

ANN ARBOR, Mich., April 10, 2013/Christian Newswire --

The Thomas More Law Center (TMLC) a national public interest law firm based in Ann Arbor, Michigan announced this morning that the Student Government Association (SGA) Judiciary Committee of Johns Hopkins University (JHU) issued a unanimous decision late yesterday evening overturning a SGA ruling that denied recognition to Voice for Life (VFL) as an official student club of the University.

TMLC, whose mission includes defending the constitutional rights of pro-life groups and individuals, representing VFL, authored an April 4th letter to top Johns Hopkins University officials and the SGA Judiciary Committee laying out the legal basis requiring recognition of VFL. However, Andrew Guernsey, VFL's president and Chris Fernandez, VFL's treasurer, presented VFL's case to the SGA Judiciary Committee last night.

Responding to the decision, Andrew Guernsey commented: "We commend the SGA Judiciary for honoring Johns Hopkins' institutional commitment to free speech by overturning Voice for Life's rejection by the SGA Senate. Today is a victory not only for pro-life students here at Johns Hopkins, but for pro-life students around the country. We hope that our story of rising above discriminatory opposition can inspire pro-life students around the country to courageously take a stand for life and speak truth to power at their own college campuses."

Continued Guernsey, "On behalf of JHU Voice for Life, I wish to thank all our supporters in the Hopkins-Baltimore community and around the country. I especially want to express my gratitude to Students for Life, FIRE, and the Thomas More Law Center for their support in helping us win approval from the SGA. It is important that pro-life students like us who face unjust discrimination on their college campuses know that they are not alone, and that there are powerful resources to help them win the battle for free speech in order to win the war of defending the dignity of every human life."

Monica Rex, Vice President of JHU VFL, added: "Now that the SGA Judiciary Committee has approved us, we are ready to begin the real work of saving lives! While the road was difficult, we have learned just how much this fight for life means to us, and how important it is that students at Johns Hopkins have the opportunity to hear our pro-life message. Johns Hopkins has always stood for the very best in higher education, and we look forward to bringing our pro-life message to future leaders in the medical industry here at Hopkins."

On March 12th, SGA denied VFL's application for official recognition as a student club on the grounds that VFL's intention to peacefully engage in sidewalk counseling off campus at a Baltimore abortion facility violates the University's anti-Harassment and Code of Conduct policies, and that VFL's website includes a link to the Center for Bio-Ethical Reform's website, which features images of aborted preborn babies, considered by members of the SGA to be "offensive."

The SGA March 12th denial was affirmed by the SGA Senate on March 24th. VFL filed an appeal with the student Judiciary Committee.

Richard Thompson, TMLC's President and Chief Counsel, commented: "This is a great example of courageous students facing tremendous opposition, sticking to their deeply held pro-life principles and advancing those principles based on their right to free speech so deeply engrained in our culture, enshrined in our constitution, and fostered at Johns Hopkins University."

Knights of Columbus asks Obama admin to rescind HHS Mandate

Tue, 09 Apr 2013 11:54:20 -0700

NEW HAVEN, Conn., April 8, 2013/Christian Newswire --

The Knights of Columbus filed formal comments with the U.S. Department of Health and Human Services today, calling on the Administration to rescind the unpopular healthcare mandate that will force Americans of faith to cover medical services that violate their consciences without regard for their First Amendment's rights.

The letter, signed by Supreme Knight Carl Anderson, urges "the administration to rescind the mandate altogether and chart a new course." It adds: "lf, however, the administration refuses to do so, we urge it to expand the religious exemption so that objecting individuals and organizations do not lose their conscience rights and are not forced to cooperate in actions that genuinely violate their religious beliefs and moral convictions. Our nation's history of bipartisan respect for the consciences of its citizens instructs us to do no less."

In the letter, the Knights noted that even with the proposed changes, the mandate still fails to protect the rights of religious believers because "individuals and entities that object to paying for abortion-inducing drugs, contraception and sterilization must pay for these interventions either directly or indirectly, and they must initiate coverage for these interventions, either directly or indirectly." It continues: "The mandate specifically fails to exempt individuals, even though the First Amendment expressly protects individual religious belief and practice. The government places itself in the untenable position of deciding that some consciences are fit for protection while others are not."

The letter points to a way forward and joins the U.S. bishops in recommending "that the approach found in the Church Amendment to the Public Health Service Act (the Church Amendment)" be adapted to the current mandate. The Church Amendment protects health care providers so that no individual or entity is required to violate his or her religious beliefs or moral convictions as part of a government program. It adds that the Church Amendment passed in 1973 on a 92-1 vote with the support of such notable progressives as then-Sen. Joseph Biden and Affordable Care Act architect Sen. Edward Kennedy.

The full text of the letter is available at www.kofc.org/mandate.

In addition to the letter from the supreme knight, thousands of individual Knights of Columbus and their family members have also filed comments.

10th Circuit agrees to place Hobby Lobby's HHS case before full court

Tue, 02 Apr 2013 12:37:26 -0700

by Bethany Monk/CitizenLink

A federal court on Friday granted Hobby Lobby's request to have its case heard before a full court, rather than the usual three-judge panel. The arts and crafts store is suing the Obama administration over a mandate requiring it to offer potential abortion-inducing drugs in its employee health plans.

"We are grateful that the court granted Hobby Lobby's petition," said Kyle Duncan, general counsel for the Becket Fund for Religious Liberty, representing the store. "Full court review is reserved only for the most serious legal questions."

The evangelical-owned chain filed its lawsuit in September. Two months later, a two-judge panel of the 10th U.S. Circuit Court of Appeals denied the store's request for a temporary reprieve from the mandate as litigation in the case proceeds. Now, nine 10th Circuit judges will hear the case.

The court also announced it will expedite oral arguments, expected to be heard this spring. A hearing date it expected soon....

Read entire article here.

AUL opposes anti-conscience legislation, forced insurance abortion coverage in Washington

Mon, 01 Apr 2013 11:12:34 -0700

WASHINGTON, D.C. (04-01-13) --

Americans United for Life Staff Counsel Mary Harned will present written testimony before the Washington Senate Health Care Committee today in opposition to the Reproductive Parity Act, legislation that would force health insurance companies to offer coverage for elective abortions and will threaten freedom of conscience in the state.

AUL President and CEO Charmaine Yoest observed, "The Reproductive Parity Act is the abortion industry's latest attack on First Amendment Freedom of Conscience rights. Clearly, Big Abortion's agenda has effectively moved from 'choice' to coercion as they focus their legislative efforts on forcing Americans - including those in the health insurance industry - to acquiesce to their radical agenda or face severe consequences."

The Reproductive Parity Act, House Bill 1044, would create an unprecedented requirement in the State of Washington that all health plans that provide "coverage for maternity care or services must also provide a covered person with substantially equivalent coverage to permit the voluntary termination of a pregnancy." While the bill's proponents claim to protect freedom of conscience, the bill in fact fails to provide adequate conscience protections, particularly for insurance carriers.

"Washington state efforts to force abortion coverage on private businesses is in marked contrast to the current trends across the country," observed Dr. Yoest.

Currently, 21 states have restrictions on private insurance coverage of abortion in either all health insurance plans within their state or in the plans that will participate in their new state exchanges required by Obamacare. But the Washington bill is far more coercive than state statutes requiring taxpayer funding for abortion. HB1044 actually targets private health plans and forces nearly all healthcare payers in the state of Washington to pay for abortion-on-demand not only through tax-dollars, but through their insurance premiums.

First Amendment Conscience rights are also under attack in the bill. A health carrier that objects to paying for abortions because it would violate conscience or religious beliefs must still aid someone in obtaining an abortion. Only "religiously sponsored" health carriers are exempted.

To read Harned's complete testimony, click here. For more information on the life-affirming healthcare, click here.

Video: Abortion Advocate Denies Right to Life for Child AFTER BIRTH

Fri, 29 Mar 2013 16:03:02 -0700

Before a child is born, abortion supporters across the board reject a child's right to life. Surprising as it is to some, I think that the FL Planned Parenthood official who argued against a child's right to life (after birth) is being consistent with a belief that the value of human life is dependent upon others (from the Weekly Standard):

Florida legislators considering a bill to require abortionists to provide medical care to an infant who survives an abortion were shocked during a committee hearing this week when a Planned Parenthood official endorsed a right to post-birth abortion.

EWTN lawsuit against HHS mandate is dismissed

Wed, 27 Mar 2013 12:52:45 -0700

Irondale, AL/EWTN/March 26, 2013 --

Judge Sharon Lovelace Blackburn of the U.S. District Court in Birmingham, Ala. issued an order March 25 dismissing EWTN's lawsuit challenging the government mandate that employee healthcare plans must provide coverage for contraception, voluntary sterilization procedures and abortion-inducing drugs.

Judge Blackburn's order found that the "real prospect of harm from a concrete regulatory mandate" gives the Network adequate legal standing to file the lawsuit. However, because the government has promised to yet further amend the mandate's rules, Judge Blackburn's opinion held that the moving target of the mandate was not yet "ripe" for review. The promise of future revisions to the mandate thereby makes the court reluctant to rule today. Blackburn's opinion concludes that "in this case, common sense weighs in favor of withholding judicial review until the new regulations are created and finalized. At that point, if EWTN still has objections, it may then file suit."

"While we are extremely disappointed that Judge Blackburn did not rule on the constitutional issues that were at the heart of the EWTN lawsuit, we are not surprised by the decision,' said EWTN President & Chief Executive Officer Michael P. Warsaw. "In every lawsuit filed against the mandate, the government has made promise after promise to amend its unjust rules. As a result, nearly everyone, including the courts, is left waiting to see what the government might or might not do to address the serious issues of conscience that have been raised since the first set of rules were published over a year ago.

"EWTN has consistently maintained that contraception, voluntary sterilization and abortion-inducing drugs are not healthcare. EWTN cannot and will not compromise on our strongly held beliefs on these moral issues," Warsaw continued. "We are consulting with our legal team at the Becket Fund for Religious Liberty about our available options as we go forward."

EWTN filed its lawsuit Feb. 9, 2012 against the Department of Health & Human Services, HHS Secretary Kathleen Sebelius, and other government agencies seeking to stop the imposition of the contraception mandate as well as asking the court for a declaratory judgment that the mandate is unconstitutional. The Attorney General of the State of Alabama filed a motion to join EWTN March 22, 2012 as a plaintiff in the lawsuit. Judge Blackburn's decision essentially dismissed that motion as well.

At the time EWTN filed its lawsuit, Warsaw noted that the HHS mandate is particularly hard on Catholics "because Catholic organizations, such as hospitals, schools, social service agencies, media outlets and others, serve people regardless of their religious beliefs." However, since the filing, EWTN has been heartened by the response of religious groups around the country, as well as those who simply believe in the constitutional principle of religious liberty.

Said Warsaw: "We are grateful for the prayers and support of the EWTN Family over the past year - as well as all those who have written in support of our lawsuit and in support of religious liberty - and we ask for continued prayers as we consider our response to the court's decision."

EWTN Global Catholic Network, in its 32nd year, is available in over 225 million television households in more than 140 countries and territories. With its direct broadcast satellite television and radio services, AM & FM radio networks, worldwide short-wave radio station, Internet website, electronic and print news services, and publishing arm, EWTN is the largest religious media network in the world.

New investigation shows that the heart of abortion clinics is not "healthcare"

Mon, 25 Mar 2013 11:38:22 -0700

March 25, 2013/Albuquerque, NM --

By Tara Shaver, Project Defending Life

An undercover investigation of the Southwest's largest so-called "women's clinic" has revealed that the purpose of this clinic is not to provide women's healthcare at all, but to sell women one product - abortion. In fact, abortion, is the only option given to women at the misnamed Southwestern Women's Options in Albuquerque, New Mexico, is abortion. Period.

So many times people criticize pro-life activists for focusing attention on local abortion clinics, citing the many other services such clinics provide. However, at Southwestern Women's Options, a clinic that specializes in lucrative third trimester abortions, there are no other services.

Here in Albuquerque, as we reach out to abortion-bound women outside of this late-term abortion clinic, women give us all kinds of reason as to why they are going inside. "I'm having an ectopic pregnancy removed," "I'm here for an IUD," "I'm getting birth control," "I'm here for a mammogram," "I'm here for a well woman exam," or "I am here for STD (sexually transmitted disease) testing" are the excuses we hear from women entering the clinic on an almost daily basis. Very few women actually admit to going in for an abortion to kill their child.

The heart of the abortion industry is ABORTION, not women's healthcare. Abortion clinics are businesses and many of them like SWO only offer abortions because that's where the money is. With all of the talk recently about protecting women's healthcare, we must ask ourselves, "What 'healthcare' services are we talking about?"

Project Defending Life and Operation Rescue, recently conducted an undercover investigation to find out exactly what services Southwestern Women's Options (SWO) actually provides women.

Continue reading this report

Thomas More Law Center files 4th court challenge to HHS Mandate

Thu, 21 Mar 2013 11:18:08 -0700

ANN ARBOR, MI/March 21, 2013 --

The Thomas More Law Center (TMLC), a national non-profit public interest law firm based in Ann Arbor, Michigan, today announced that it has filed its fourth legal challenge to the HHS Mandate. This fourth case was filed yesterday on behalf of Michael Potter, Chairman and President of Eden Foods and his for-profit company, Eden Foods, Inc. in the Federal District Court for the Eastern District of Michigan.

TMLC attorney, Erin Mersino, has been spearheading the Law Center's legal initiatives against the Federal Government's HHS Mandate, which requires companies to provide insurance for their employees that cover and promote abortion inducing drugs and contraception. Thus far, Mersino has secured preliminary injunctions against enforcement of the HHS Mandate for two of the employers she is representing. Motions for preliminary injunctions in her other two cases are forthcoming. And more lawsuits are being considered....

According to Richard Thompson, TMLC's President and Chief Counsel, "The HHS Mandate is a deliberate and direct attack by the Federal Government on religious liberty. The Federal Government ignored the religious beliefs of millions of Americans who oppose abortion causing drugs and chemical contraception. In the final analysis, the HHS Mandate is a violation of fundamental constitutional principles relating to the free exercise of religion and conscience. And it must be stopped."

Michael Potter is a practicing Roman Catholic. As a Catholic, he strives to follow the teachings of his faith which include the belief that "any action which either before, at the moment of, or after sexual intercourse, is specifically intended to prevent procreation, whether as an end or means"--including abortifacients and contraception--is wrong. The HHS Mandate coerces Potter to make a choice between violating a foremost tenet of his faith and violating the HHS mandate. If his company violates the HHS Mandate it would face yearly fines of $196,000 plus a yearly tax penalty of over $4.5 million per tax year assessed by the IRS. Potter brought this lawsuit on his behalf and on behalf of his company because he cannot compartmentalize his faith and his business practices.

Eden Foods, co-founded by Potter in the late 1960s, is the oldest natural food company in North America and the largest independent manufacturer of dry grocery organic foods. In 2009 Eden Foods was selected as the best food company in the world by the Better World Shopping Guide, which also acknowledged the company's outstanding record in social and environmental responsibility. The company employs 128 employees....

Read entire article here.

Public outcry over illegal Birmingham abortion clinic gets response from State

Wed, 20 Mar 2013 09:47:25 -0700

March 20, 2013/Birmingham, AL --

After weeks of silence, the Alabama Department of Public Health (ADPH) has finally responded to concerns expressed by a coalition of state and national pro-life groups and said it is investigating possible illegal operations at the New Woman All Women abortion clinic in Birmingham.

The pro-life groups held press conference yesterday led by Fr. Terry Gensemer of CEC for Life, who shared with the media documentation that NWAW had begun illegal abortion services after being closed down by the ADPH last year for massive health and safety violations.

The ADPH responded by releasing a statement that said in part, "The Alabama Department of Public Health is conducting an ongoing investigation into whether an unlicensed abortion/reproductive health center is being operated at 1001 17thSt. S. in Birmingham... ADPH does not comment on the status of open investigations."

In addition, Fr. Gensemer was also contacted by Kevin Turner, a representative of the State Attorney General's office, to convey that "Attorney General Strange and his office are actively looking into the matter."

"It is encouraging that the ADPH and the Attorney General's office are both engaged on this matter, but the fact remains that New Woman All Women is continuing its dangerous criminal abortion business, and as of today, no action has been taken to protect the public and close it down," said Troy Newman, President of Operation Rescue. "Derzis and Norman have the attitude that they are above the law. The only way to make sure people like them comply with it is to lock them in jail."

On January 21, 2012, pro-life activists photographed two women being carried out of the clinic's back door to ambulances waiting in a trash-strewn alley, and obtained the 911 recordings that indicated both women had been overdosed by clinic staff. Pro-life groups filed a complaint with the ADPH, which conducted an inspection and discovered that a third woman was also hospitalized on that same day suffering from abortion complications and 76-pages of other deficiencies, many of which were repeat violations.

In a Consent Order entered on April 3, 2012, owner Diane Derzis and her associate Norman were ordered not to have any further involvement in the Birmingham clinic. Two attempts by a close associate of Derzis' to relicense the clinic failed. The most recent application for licensure was denied just last month. Ignoring the law and the closure order, Derzis reopened her abortion clinic illegally without proper licensing.

Pro-life activists have witnessed abortionist Norman at the NWAW clinic in recent days. An undercover phone call made on March 8, 2013, by an Operation Rescue investigator to the number on the New Woman All Women web site confirmed that NWAW and Norman were illegally providing abortions in violation of the consent order and Alabama law that requires abortion businesses and offices that advertise abortions to be licensed by the state.

In addition to CEC for Life and Operation Rescue, groups working to keep NWAW closed include Life Legal Defense Foundation, Priests for Life, Samford Students for Life, Bama Students for Life, and others. All groups have vowed to maintain public pressure on Alabama officials until the dangerous and illegal abortion operations NWAW are stopped for good.

Illegal Birmingham abortion clinic reopens, unlicensed owner defying law

Tue, 19 Mar 2013 12:38:03 -0700

BIRMINGHAM, Ala., March 18, 2013/Christian Newswire --

In an age where abortion advocates cry for access to "safe and legal" abortions, the illegally reopened New Women All Women abortion clinic is providing the exact opposite. The Birmingham abortion facility is supposed to be shut down, but is marketing abortion procedures without a license in a facility that was permanently closed by the Alabama Department of Public Health last spring.

Life Legal Defense Foundation is now pressuring authorities to once again shut down this hazardous operation. A press conference will be held by Fr. Terry Gensemer of CEC for Life, and other concerned citizens, on Tuesday, March 19, at 11 a.m., across the street from the New Woman All Women facility on the northwest corner of 10th Avenue and 17th Street South.

Clinic operator, Diane Derzis, agreed to comply with the closure and surrender her license, which she did on May 18 of last year. That was the final step in the health department's prohibition of abortions at the notoriously unsafe clinic.

Despite the forced closure of Derzis' abortion business, the clinic is apparently operating in full swing. According to Derzis' website and the business' phone service, abortions are available and being performed at the site, which is not legally allowed to be open. Bruce Norman has served the clinic as abortionist of record in the past. His presence at the now "closed" clinic would reinforce the reports that abortions are currently - and illegally - available.

"This is outrageous...an unconscionably blatant disregard for all women. For Derzis to defiantly reopen a clinic that was forcibly closed is an unbelievably arrogant slap in the face to the State of Alabama, the city of Birmingham, and every law abiding business operator in the state," exclaimed Dana Cody, Executive Director of the Life Legal Defense Foundation. "Derzis is intentionally putting the safety and health of all women at risk by knowingly violating a legal agreement meant to keep her out of the business because of repeated health and safety abuses," elaborated Cody. "We are making certain that the evidence of this insubordinate action is being presented to the proper authorities" she added, "If the health department would not allow a rodent-infested restaurant to reopen, it most assuredly will not allow an unlicensed clinic to perform invasive surgery on women."

Documentation of current activity at the illegal clinic along with the original deficiency reports and closure orders are available here:

March 2013 Letter to the Alabama Department of Public Health

September 2012 Letter to the Attorney General

Current online information about abortion service from clinic website
(this screenshot accompanied the September 2012 letter and remains identical to what is posted, as of as of March 18, 2013)

The April 2012 Consent Order in which clinic agreed to relinquish its license to operate

The March 2012 Alabama Department of Public Health Deficiency Report on conditions leading to the clinic closure

The original January 2012 Physicians for Life report on activities at the clinic