Abortion Trial: Defense Makes Its CaseMay 29, 2019
This week, the Commonwealth is making its defense of Virginia’s common-sense pro-life laws under siege from the abortion industry in federal court in the high-stakes case of Falls Church Medical Center, LLC v. Oliver. Today marked the end of Day 2 of the Defense’s case, as so far six expert witnesses have taken the stand.
Yesterday, four separate respected and long-time employees of the Virginia Department of Health’s Office of Licensure and Certification (OLC) (all of whom, it should be noted, serve within the administration of pro-infanticide Ralph Northam, and all of whom served under former Governor Terry McAuliffe) hammered home their belief that the health and safety standards for abortion facilities through regulations first initiated in 2012 are reasonable, helpful, and clearly necessary for patient safety and care.
The witnesses included two experienced inspectors of the abortion facilities since 2012 who have personally witnessed and cited many of the 500+ horrific abortion facility violations, including those of the former Virginia Health Group in Fairfax, whose license was immediately and indefinitely suspended in April 2016 by Gov. McAuliffe’s own Commissioner of Health after a 70-page inspection report revealed violations so gut-wrenching that it was deemed to be an immediate danger to patient safety.
When the witness inspector recounted first entering that facility for an inspection that was triggered by a patient complaint, she described how “When we walked in, the things that we observed were very concerning to us.” She described a dirty patient waiting area, with furniture that was all stained and in disrepair, “filthy” carpets, and holes and graffiti on the walls. “And that was just the waiting area,” she remarked.
Other violations included dirty, unsanitized equipment, dried blood on surfaces, dust and debris on machines, stopped up toilets (where a nurse walked out into the hall with a plunger in her hands and then immediately went to begin a procedure without washing her hands), boxes of patient files stacked in the patient bathroom, poor infection control procedures, unmarked syringes laid on dirty desks and contaminated from one surface to another, and general failure of employees to wash hands before or after procedures. At one point, the physician, without washing his hands, put on gloves to perform a procedure, then came back to his office, took off the gloves, and immediately reached into a box of donuts with his unwashed hands. (And this is just what they do when the state inspectors are watching!)
One of the patient records that had been randomly pulled for auditing purposes showed that the patient had to be rushed to the emergency room because the physician had caused a laceration of her cervix while performing an abortion. The facility did not even have sutures on the premises to help stop the bleeding! This was just one abortion facility, on one occasion. But it really drove home the point about why regulatory oversight of these facilities is so critical. It really blew wide open the Plaintiffs’ attempt to claim that all of these health and safety oversight policies are burdensome and unnecessary.
Day Two of the Defense’s case showcased a Board Certified OBGYN, who laid out the strong case for why a 24-hour wait period prior to an abortion, a required ultrasound and informed consent procedures, and the limitation on performing abortions to physicians only are all well-justified laws for securing patient safety, care, and medical best practices. She also explained the serious potential complications of abortions at various stages of development, and why it was so important that later-term abortions be performed only in a hospital setting rather than a typical abortion facility patient room. The Plaintiiffs’ lawyer did everything she could to discredit her by targeting her Christian faith and life-affirming personal beliefs, including her associations with a CareNet pregnancy resource center, where she serves as the volunteer Medical Director, having performed over 1000 free ultrasounds in the past three years alone. They also took issue with her membership in AAPLOG (American Association of Pro-Life Obstetricians and Gynecologists). Sad, but not surprising.
Finally, an economist discredited the abortion industry’s expert testimonies which attempted to imply that these laws had somehow caused an undue burden on some Virginia women seeking abortions. The economist analyzed their testimonies and clearly showed how they had not shown any causal link between the laws and women’s ability to access abortion facilities, which is their burden to prove in this case, and the central issue in the case.
On Thursday, the Defense will wrap up it’s case, and the Plaintiff’s will bring in a few rebuttal witnesses on Friday. Then it’s on to closing arguments. Judge Hudson seems to be asking all the right questions throughout the trial, which indicates that he really gets what’s going on. Overall, I’d say the Defense has really, as they say, shown up ready to fight. And, well, that is much more than we expected. There is much reason for optimism, but cautious optimism to be sure.