Yesterday morning it seemed like the saga surrounding abortionist Martin Haskell's Sharonville, Ohio late-term abortion clinic was coming to a close, when Magistrate Michael L. Bachman issued a ruling ordering Women’s Med Center to shut its doors by 4:00 pm.
Bachman ruled that Haskell’s abortion business was rightfully denied a variance that would have exempted him from having to comply with an Ohio law that requires abortion clinics operating as Ambulatory Surgical Facilities to maintain hospital transfer agreements. Haskell has no such agreement and without one, he cannot be legally licensed.
Hours later, however, another judge, Hamilton County Court of Common Pleas Judge Jerry Metz, issued a decision extending a stay of execution in the case. This decision allows Haskell to continue operating his clinic, while Judge Metz reviews Bachman's ruling.
Pro-life activists decried the ruling.
“The protection granted this abortion provider to keep operating outside the law at the risk of women’s health and safety is astounding,” said Paula Westwood, Executive Director, Right to Life of Greater Cincinnati. “Must a patient tragedy occur before justice is upheld?”
"This is not over yet," vowed Operation Rescue, which has also been heavily involved in the case, "and eventually we expect common sense to prevail and this dangerous abortion business will be forced to close.”
In 2010, Haskell closed his out-dated Cincinnati abortion clinic and moved to a newer office in the Cincinnati suburb of Sharonville. His own hospital arrangement was cancelled, forcing him to apply for a variance. The ODH originally granted the variance under the condition that Haskell maintain an approved agreement with two physicians to provide his patients with hospital care in the event of an emergency.
However, other abortionists used by Haskell for such an agreement had a laundry list of disciplinary issues that forced them to withdraw. Haskell formed unapproved agreements with other abortionists, leading the ODH to question whether Haskell was capable of conforming to the requirements in the law.
Finally, on January 17, 2014, the ODH rejected Haskell’s variance application and revoked his ASF license. However, after the ODH issued its order, the Women’s Med Center remained open under a stay of execution granted by Judge Metz – the judge to whom the case was originally assigned. This is the stay that Metz extended in his decision Thursday.
Judge Metz is responsible for the final action to accept, deny, or modify Magistrate Bachman's decision. Attorneys for the abortion business have 14 days to file objections to the magistrate’s decision for Judge Metz to review.