A Fifth Circuit Court ruling provides even more concerning details about the Louisiana abortion facility at the center of a U.S. Supreme Court case.
Last week, news broke that the Hope Medical Group abortion facility may be covering up the sexual abuse of young girls.
Now, a Fifth Circuit ruling, issued on Nov. 27, suggests one abortionist in the state may be performing abortions that lead to second-trimester babies being born alive.
In November, the Louisiana Department of Justice announced suspicions about alleged criminal activity that may have happened at the Hope Medical Group. It accused the Hope Medical Group of hiding evidence of criminal and professional misconduct from the U.S. Supreme Court as it challenges an abortion clinic regulation law. The state asked the Fifth Circuit to unseal documents in the closely-watched case.
According to Louisiana Right to Life, the Fifth Circuit denied the state’s request on technical grounds but indicated that it may appeal. More significant, however, were the revelations in Judge Jennifer Walker Elrod’s opinion.
Her opinion not only mentioned the sexual abuse cover-up allegations, but also new allegations about babies being born alive in abortions in Louisiana.
In one sealed deposition, Elrod wrote that “one abortionist, Dr. Doe 2, claims that another Louisiana abortionist, Dr. Doe 5, is inducing labor on women during the second trimester in order to perform an abortion. Elrod writes that Doe 2 stated that this type of procedure in the second trimester is outside the standard of care and a live birth is ‘certainly a possibility,’” according to Louisiana Right to Life.
According to Louisiana, Doe 2 testified during his deposition that another Louisiana abortion provider, Doe 5, violates the standard of care for second-trimester abortions. Doe 2 also testified that the standard of care for second-trimester abortions is dilation and evacuation. Yet Doe 2 also testified that Doe 5 performed induction abortions through 19 weeks of gestation. Louisiana points out that Doe 2 testified that a 19-week fetus delivered intact “can show signs of the heartbeat and rudimentary movements” and that Doe 2 had personally experienced a live birth between 14 and 15 weeks. Doe 2 stated that with the labor induction method, such live births are “certainly a possibility.” A licensed physician violating the standard of care is directly relevant to whether that physician adequately represents the interests of his or her patients. That question is relevant to [Louisiana’s] challenge to third-party standing in June Med. Servs. L.L.C. v. Gee, a case involving many of these same parties, currently before the Supreme Court. Yet [Louisiana] is unable to submit this deposition to the Supreme Court in June [Med. Servs.] because of the district court’s protective order in this case. [Emphasis added; citations simplified, as reported in National Review.]
Her opinion also mentioned evidence that “Doe 2 may have failed to report the forcible rape of a fourteen year old girl.” Later, she continued, “In another, Louisiana proffers that Doe 2 may have knowingly performed an abortion on a minor without parental consent or judicial bypass.”
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“Judge Elrod’s concurrence confirms our observation that the federal district court judges in the Louisiana Middle District Court located in Baton Rouge seem to be acting to protect the abortion industry at all costs,” said Benjamin Clapper, executive director of Louisiana Right to Life. “It seems that these Obama-appointed judges may be guarding the most egregious secrets of the abortion industry from the eyes of the public and even the Supreme Court.”
To protect the lives of Louisiana women and children, Clapper urged the judges to unseal the documents and allow the state Department of Health to investigate.
“Abortion attorneys in June Medical Services v. Gee argue that they are acting in the best interest of women in general. These secret documents seem to paint a different picture,” he said.
The shocking new revelations are reminiscent of the horrors that were uncovered at a Philadelphia abortion facility nearly a decade ago. Abortionist Kermit Gosnell later was convicted of murdering three newborn babies, putting women’s lives at risk and numerous other crimes at his “house of horrors” abortion facility.
The Gosnell horrors were a key reason why Louisiana and other states passed abortion clinic regulations such as the one currently at issue before the U.S. Supreme Court. Gosnell got away with his gristly, murderous abortion practice for years because of Pennsylvania’s lack of abortion clinic regulations.
The Louisiana law before the Supreme Court requires abortionists to have hospital admitting privileges so they can better treat patients during medical emergencies. Abortion activists claim the law is unnecessary and burdensome, and it could lead to the closure of two of the three Louisiana abortion facilities.
The U.S. Supreme Court struck down a similar Texas law in 2016, arguing it burdened women’s access to abortion. However, the Fifth Circuit Court of Appeals upheld the Louisiana law in 2018, saying it “does not impose a substantial burden on a large fraction of women.”
The case of June Medical Services v. Gee is scheduled for oral arguments on March 4 in front of the high court.