by Steven Ertelt
February 27, 2006
Cincinnati, OH (LifeNews.com) — Though the dangerous abortion drug RU 486 has killed eight women worldwide and injured over 850 in the U.S. alone, a federal appeals court sided with the Planned Parenthood abortion business that Ohio’s safety regulations on the drug should be overturned.
The 6th Circuit Court of Appeals ruled that Ohio cannot put in place protections for women on the abortion drug unless it allows exceptions for those who may face a greater health risk having a surgical abortions.
"There are some circumstances in which the surgical option is considerably more risky for some women," Judge David McKeague wrote, according to a Cincinnati Enquirer report.
Justices Karen Nelson Moore and John Rogers joined McKeague in the 3-0 panel decision that upheld a lower court’s order preventing the Ohio law from being enforced.
The appeal court did not completely overturn the law, which prevents using the abortion drug after the seventh week of pregnancy, but sent the case back to District Judge Susan Dlott to determine if her order preventing the entire law from being instituted was too broad. Dlott will determine if any portion of the law can be implemented.
The law requires abortion practitioners to follow FDA guidelines when using the dangerous abortion drug. The FDA suggests that the drug should not be used after seven weeks of pregnancy.
The law also tells abortion practitioners not to encourage women to use the abortion drug vaginally, which experts say could be partially responsible for why the RU 486 abortion drug has killed four women in California.
Though the FDA recommends oral use of the abortion drug, Planned Parenthood facilities are telling women to use it vaginally, which has resulted in lethal bacterial infections in the uteruses of women who have died.
Ohio Attorney General Jim Petro told the Enquirer he looked forward to fighting for the law again and said he would argue for a "sensible and mainstream state law."
"We believe the state has a right and a duty to protect the health of Ohio citizens," Petro said.
He is expected to ask Dlott to uphold the law but allow for an exception when an RU 486 abortion is believed to be safer for women than a surgical abortion.
But Nicole Berner, an attorney for Planned Parenthood, said the abortion business would ask Judge Dlott to continue overturning the entire law.
Planned Parenthood has been joined in the lawsuit by the American College of Obstetricians and Gynecologists, which takes a pro-abortion position.
An abortion practitioner who violates the Ohio law protecting women could receive as much as an 18 month prison sentence.