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Virginia AG: State Can Force Abortion Clinics to Follow Same Standards as Hospitals

LifeSiteNews.com
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By Peter J. Smith

RICHMOND, Virginia (LifeSiteNews.com) –Virginia Attorney General Ken Cuccinelli may be about to make abortion “safe, legal, and rare” - simply by making abortion clinics offer women the same standard of care required by other outpatient surgical facilities.

Statistically speaking abortion is the number one surgical procedure that women undergo in the United States, and most abortions are performed in the first trimester.

However in Virginia, as in many other places around the country, abortion facilities have often escaped the health and safety standards that are mandated for other medical facilities, such as hospitals, that engage in out-patient surgery.

Just recently, Louisiana corrected that problem by giving its Health Department the regulatory authority to shut down facilities that failed to live up to hospital health and safety standards.

But many abortion clinics in Virginia have operated under the law as “physician’s offices” rather than medical facilities. If the state follows Cuccinelli’s legal advice, that could soon change.

"It is my opinion that the Commonwealth has the authority to promulgate regulations for facilities in which first trimester abortions are performed as well as providers of first trimester abortions, so long as the regulations adhere to constitutional limitations," Cuccinelli wrote in a legal opinion released Friday.

The opinion was written in response to an inquiry from Delegate Bob Marshall (R-Prince William) and Senator Ralph K. Smith (R-Roanoke), who asked whether the state had the authority to regulate facilities that perform 1st trimester abortions.

Cuccinelli pointed out that under Virginia statute, the definition of “hospital” can include abortion facilities because they fall within the Code’s broad definition of a “hospital.” In Virginia, a hospital is “any facility … in which the primary function is the provision of diagnosis, treatment, and of medical and nursing services, surgical or non-surgical, for two or more nonrelated individuals including … outpatient surgical [hospitals].”

He also pointed out that the Board of Health has already classified “abortion outpatient clinics” as outpatient hospitals, under its authority to classify hospitals.

“The attorney general’s comments on this issue points out to a real problem involving abortion practice in the United States, and that simply is that abortion across the United States is the single most commonly performed procedure on American women. And yet it does remain the most unregulated, underreported, and under-investigated of any form of medical care provided to American women,” Olivia Gans, President of the Virginia Society for Human Life, told LifeSiteNews.com. “So it is quite scandalous that women’s lives are literally hanging in the balance along with their children at these abortion provider’s hands.”

Cuccinelli also pointed out that abortion clinics may not be able to hide from the Board of Health’s regulations as “physicians’ offices,” since the Board has the authority to investigate that claim. He said that the Board of Medicine has broad authority to regulate all health practitioners in the state, and can therefore regulate standards of care in first trimester abortion facilities.

Cuccinelli also said that these positions had been upheld previously in federal court.

However, abortion advocates are protesting the attorney general’s opinion, arguing that if most abortion clinics carried out the same standards of care for women that are mandated at hospitals they soon would be out of business.

According to the Washington Post, abortion advocates predict that only four out of 21 abortion clinics would be able to fulfill that standard of care if mandated by the state Board of Health. The rest would be shut down.

Tarina Keene, executive director of NARAL Pro-Choice Virginia, cast Cuccinelli’s opinion as “his first pitch" to make abortion inaccessible.

"These so-called regulations are only an attempt to shut down abortion clinics in the Commonwealth of Virginia," Keene told the Post.

Gans told LSN that while NARAL was often prone to “hyperbole,”“it is at time to time the case that serious and quite startling infractions of what would be normal medical practice and care are seriously violated in the practice of abortion.”

Gans added that the biggest reason that abortion facilities operate with “a cloak of invincibility” under the law is due to the confusion surrounding what states can and cannot do under current interpretations of Roe v. Wade and Doe v. Bolton.

“It does strike one as astonishing that NARAL would reject every effort to protect the lives and well-being of the women who are actually seeking abortions, as often as they reject any measure that would ultimately also protect the unborn child,” said Gans. “One has to ask who is NARAL or NOW or Planned Parenthood or any of these pro-abortion groups supportive of? And it appears too often that they are protecting the interests of the abortionists and not the children and their mothers.” 

The full opinion can be read here.

 
See related coverage by LifeSiteNews.com:

Bobby Jindal Signs Landmark Abortion Reforms into Louisiana Law
http://www.lifesitenews.com/ldn/2010/jul/10070709.html

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Ben Johnson Ben Johnson Follow Ben

Congressman: Give us Nucatola or we’ll subpoena

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By Ben Johnson

WASHINGTON, D.C., July 23, 2015 (LifeSiteNews) - Dr. Deborah Nucatola has become awfully shy since she became the first national Planned Parenthood figure featured in an exposé of its practice of harvesting, and allegedly profiting from the sale of, the organs of aborted children. Within hours of the video release by the Center for Medical Progress, she removed her social media accounts. 

Now, she is considering dodging a call to testify before a Congressional committee investigating whether she admitted to breaking the law during her covertly recorded cameo with actors posing as agents of a human biologics company.

The House Energy and Commerce Committee called her to address the committee by month's end. 

Roger K. Evans, Planned Parenthood's Senior Counsel for Law and Policy, responded by saying that asking her to speak to Congress "no later than July 31 ... is short notice given the number of questions raised." 

He instead offered to substitute Dr. Raegan McDonald-Mosley in Nucatola's place.

Faced with the possibility that Planned Parenthood would refuse to send its star witness, at least one congressman has said he will take steps to ensure the abortion provider shows up.

Rep. Joe Pitts, R-PA, responded to Evans' letter by saying that the committee has called Dr. Nucatola to the witness stand before the end of the month, and she will comply or face the consequences.  

“If they say no, we’ll subpoena her,” the pro-life Republican said. 

The committee is focused on whether the process Dr. Nucatola - the doctor seen in the first video, eating salad and sipping wine - amounts to a violation of federal felony law forbidding the sale of human organs for "valuable consideration." 

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Why selling ‘baby body parts’ has captured America’s attention (VIDEO)

By Pete Baklinski

WASHINGTON, D.C., July 23, 2015 (LifeSiteNews) - A key player in last week’s startling video exposé of Planned Parenthood says that it took 30 months of strategic planning from numerous pro-life organizations to give the story the hard-hitting power with which it has walloped the abortion industry over its practice of harvesting the body parts of aborted babies. 

“We are seeing the fruit of a lot of careful thought, a lot of disciplined activities, and a lot of undercover work,” Rev. Frank Pavone, executive director of Priests for Life, told LifeSiteNews in an interview in Washington. 

Since breaking Tuesday of last week, the story has trended first place in social media platforms such as Facebook and has been given top priority on mega news aggregation websites such as Drudge Report. The first of now two undercover videos has been viewed over 2.5 million times on YouTube. 

Pavone said that this is not the first time Planned Parenthood has faced the heat for what many considered to be a barbaric practice of harvesting human organs for profit. Similar investigations in the late 1990s into the practices of Planned Parenthood found that aborted babies were being dissected alive, harvested, and sold in pieces for research. 

“Now this is fresh evidence. Now this is evidence going to the highest levels of Planned Parenthood. We know that people at the national level of Planned Parenthood are aware of and are admitting that these baby body parts are being harvested, that transactions are taking place, that money is changing hands. And so, this is catching the attention of the American public because it brings the abortion issue down from the abstract level to the concrete,” he said. 

“This is not just about viewpoints, it’s about victims. It’s not just about beliefs, it’s about bloodshed. When people see and hear terms like ‘eyes, livers, hearts’ it’s like, ‘What are we talking about here? This is ghoulish disgusting activity,’” he said. 

Pavone praised pro-life activists such as Operation Rescue president Troy Newman and Life Dynamics president Mark Crutcher for helping the exposé along, giving “strategic input, guidance, and advice.” Pavone highlighted the hard work of lead investigator David Daleiden of the Center for Medical Progress for going undercover to film meetings with high profile Planned Parenthood employees and attending numerous Planned Parenthood conferences.

Pavone believes the story has received so much traction in social media outlets like Facebook because it gives people a platform to express outrage over the injustice of abortion in response to mainstream media’s unwritten rule of silence and apathy on abortion. 

Traditional media outlets are “in the pocket” of Planned Parenthood and the abortion industry, he said, adding that they “don’t want to say a bad word about Planned Parenthood.”

“Social media has become the engine for those who feel so frustrated that things we have known for years that the abortion industry is doing, and yet we can’t seem to get the word out, now these people are taking this and running with it. And I think you’re seeing years and even decades of frustration being channeled in productive ways to say, ‘We’ve got to shout this from the rooftops.’ And social media is the perfect rooftop,” he said. 

When asked what the undercover videos released so far reveal about the abortion industry and the people who work in it, Pavone responded: 

When an abortionist dehumanizes the baby that he or she is about to kill, the abortionist also dehumanizes himself. And this is what we are seeing in these people. We see it in Deborah Nucatola sipping the wine and eating the salad and talking about the body parts. We see it in the newest video [about] Dr. Mary Gatter. We saw it in [jailed abortionist] Gosnell.

What’s wrong with [these people]? There are two things wrong. Number one, these people are dehumanized. They are deeply damaged by the abortions they perform. Because when you perform your first abortion, a voice of protest rises up within you saying, ‘No. Stop. You can’t do this.’ But then if you ignore that voice, and go ahead and do that abortion, then the next time you have to explain to yourself, and to everybody else, why you ignored that voice. And so, the voice of protest gets buried under layer, and layer, and layer of excuses and rationalizations. And in doing that, you are becoming disconnected from your own conscience.

How can these people talk about this with apparent peace on their face? It’s because they are disconnected from themselves, from their own conscience.

Pavone said that new undercover videos to be released in the coming days will continue to shed light on the gruesome practices happening at Planned Parenthood abortion centers across the nation. 

“We want to defund Planned Parenthood and get them to stop what they are doing. This is a very concrete way of doing that. We want to end Planned Parenthood because they are the largest abortion business in the world, and we want that to stop,” he said. 

Already a Congressional investigation is underway, but so far, Planned Parenthood is refusing to cooperate with the demands of the Committee investigating. 

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The Planned Parenthood scandal shows the power of exposing abortion’s grotesqueness

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By Jonathon van Maren

July 23, 2015 (UnmaskingChoice) -- If there’s one thing that confuses me about how many pro-lifers decide on strategies to change hearts and minds on abortion, it’s the fact that they seem to believe that we have to approach the most controversial issue there is without controversy—that somehow, we have to take an issue that people have incredibly strong feelings about and ensure that none of those feelings surface during a discussion.

As our postcard campaign nears our record-breaking mark of one million postcards delivered to one million homes, reactions have been widely varied—we have phone calls from people “horrified” by the postcard, who don’t seem to realize that the action depicted is much more horrifying. We have people who demand to know what they are supposed to say if their children see the picture of “the dead baby”—who don’t seem to realize that with their own words, they have admitted that we live in a country where dead babies are tossed in garbage cans behind government-funded clinics. We also have people who call us to thank us for the information, and express anger that such barbarism could be happening in Canada. We have people who phone to tell us that the postcard has changed their vote, and the votes of their neighbors. And we have people like the old man who wanted to shake my hand because he was encouraged to see that “some people cared about things.”

Huge numbers of Canadians have no idea that abortion decapitates, dismembers, and disembowels a pre-born human being. Huge numbers of Canadians are being exposed to that tragic and horrifying fact.

By the polling numbers, we see many people influenced against abortion—even if they don’t like us, the image stays with them, and they like abortion even less. Even if only ten percent of people were influenced against abortion because of postcards depicting abortion imagery, I would point out that that is still a far bigger number than any other pro-life strategy even claims to impact. For the first time, statistically significant portions of the population are being exposed to the reality of abortion—and they are reacting to that reality.

Pro-lifers are often tempted to run scared because they believe what the pro-abortion movement says about our best evidence—that it will “turn people” off. It will, of course. In the words of one abortion activist: “Your pictures turn people off of abortion.” If people get angry with us, but are still influenced against abortion, we have accomplished exactly what we set out to do. That being said, people only focus on the angry commenters that they see—a handful of social media posts, and the same tired news story from each and every single media outlet. I’m not sure if most journalists are unimaginative or just lazy, but most seem unwilling or incapable of even visiting a few websites and trying to find out what the rationale behind the strategy is. Most of them, I suspect, have pre-written stories and just call around to get the quotes they want. We know, for example, that reporters have specifically ignored people who have received the postcard and offered to comment positively—that is not, they openly say, the story they are looking for.

The abortion movement, on the other hand, can’t decide whether the imagery we use is extremely effective, or very ineffective. Canadian abortion blogger “Fern Hill” is usually babbling the talking points about how what we’re doing is so counter-productive, and that we’re obsessed with “gore porn,” and then calling us a bunch of names. (If pro-abortion groups really did believe that what we were doing strengthened support for abortion so much, I suspect that they’d be a lot less angry about what we’re doing—after all, we’re just doing their job!) But a couple of days ago, after responding to pictures of the dozens of lovely young women on our staff by snapping that they were all one unplanned pregnancy away from being pro-choice (such a depressing world these people live in), she tweeted an article at me that I found interesting.

Click "like" if you are PRO-LIFE!

It was a piece on David Daleidan of the Center for Medical Progress, the man behind the recent exposes of Planned Parenthood. He’s captured video of Planned Parenthood employees casually discussing not only the abortion procedure, but also how to best pillage the corpses of these dead children in order to sell their body parts for profit. The videos have horrified people across North America, and reaction has been swift. Amanda Marcotte, a pro-abortion blogger who often writes for Slate, has responded to the new scandal in an article called “Grossing people out can have short-term impact, but does it matter in the long-term?” She quotes Michelle Goldberg over at The Nation:

Further, it’s a way for the anti-abortion movement to focus the abortion debate on the graphic details of rare, late-term procedures, about which there is less public consensus than there is about early abortion. It serves the same purpose as the ban on so-called “partial-birth abortion,” and as blown-up pictures of bloody fetuses. It induces disgust, a very politically potent emotion, since most people associate things that are gross with things that are immoral. In his book The Righteous Mind: Why Good People Are Divided by Politics and Religion, Jonathan Haidt describes how researchers asked students at Cornell University to fill out surveys about their political attitudes while standing either near or far from hand sanitizer. Those standing closer to it became temporarily more conservative. If something that minor can affect people’s politics, then a video like this one is sure to have a visceral impact.

Amanda Marcotte goes on to say that while abortion imagery and exposes are very potent, that the impact of them is not long-lasting. Why? Because, she writes with hilarious immaturity, most things in life are gross—sex, going to the bathroom, surgery—and we all get over those things, don’t we? So surely abortion pictures will also be forgotten.

She’s forgetting something—abortion pictures aren’t powerful because they’re “gross.” Abortion pictures are powerful because they show the results of abortion—a dead, butchered human being. The power in the imagery is that people recognize that, and something in them responds to this injustice. It’s why even the people angry with our postcards have responded to the media by talking about the postcards depicting the “dead babies” or the “slain babies” or the “torn-up babies.” No-one thinks that what they’re looking at is a removed appendix. No one thinks that what they’re looking at is bodily waste. Everyone knows, almost immediately, that what they’re looking at is a dead human.

That is why the impact of abortion pictures doesn’t just disappear. One more piece of evidence? Almost everyone I know in the pro-life movement was convicted to join the pro-life fight because they saw a picture or a video of abortion, including myself. As Marcotte herself pointed out, that was what convicted David Daleidan as well. We now have over forty young people on our staff, all convicted by seeing what abortion does to babies and what they can do about it.

The movement is just getting started.

Reprinted with permission from the Canadian Centre for Bioethical Reform.

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