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Ohio Supreme Court upholds ruling shutting down Toledo’s last abortion center
Life Site News ^ | 02/06/2018 | Lianne Laurence

Posted on 02/06/2018 2:45:09 PM PST by SeekAndFind

The Ohio Supreme Court upheld a 2014 state order shutting down Toledo’s last abortion center for violations of health laws, in a five-two decision released today.

Abortion center Capital Care had been operating without a transfer agreement with a local hospital since 2013, in violation of a state law passed that same year, according to a press release from Created Equal, a pro-life group based in Columbus, Ohio.

Ohio’s Department of Health ordered Capital Care closed in 2014, but the abortion facility appealed the decision, and the lower courts ruled in its favor.

Republican Attorney General Mike DeWine’s office took the case to the Supreme Court in September, arguing the state’s order should be upheld, the Washington Post reported.

The abortion facility had partnered with an out-of-state hospital about an hour away in order to “circumvent Ohio’s safety laws,” said an Americans United for Life (AUL) media advisory.

Capital Care negotiated with the University of Michigan Health System in Ann Arbor, the Post reported.

But the Supreme Court ruled this arrangement “would not allow for the transfer of patients in the event of medical complications, emergency situations, and for other needs as they arise,” said AUL.

AUL lauded Ohio’s top court for the ruling.

“For years, the abortion industry has vociferously argued that it should be granted an unmerited exemption from standards routinely applied to other facilities performing invasive surgical procedures, as well as an exemption from the comprehensive inspections required of such facilities,” it noted.

“The Ohio Supreme Court has rejected that argument and has correctly decided that abortion centers should be held to the same standards as all other ambulatory surgical centers in the state.”

That was echoed by Mark Harrington, Created Equal’s founder and president.

“Capital Care should be held responsible for killing innocent babies, but at least today they are being held accountable for violating Ohio state law,” said Harrington.

“Those who kill babies should not be given special privileges to skirt the law. This common sense decision should set a pattern for authorities across the nation.”

In a related decision, the court ruled Cleveland abortion facility Preterm did not have the legal standing to sue the state over the restrictions on abortion clinics that were passed in the state’s 2013 budget bill, the Post reported.

Those restrictions specified an abortion facility had to have a transfer agreement with a local hospital, and banned public hospitals from having such agreements with abortion centers, according to the Post.

The University of Toledo Hospital’s transfer agreement with Capital Care ended about two months before the 2013 restrictions were passed by the Republican-controlled state legislature.

Capital Care is expected to appeal the decision.


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Ohio
KEYWORDS: abortion; healthcodes; ohio; toledo

1 posted on 02/06/2018 2:45:09 PM PST by SeekAndFind
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To: SeekAndFind
So now it's on to the Federal courts...
2 posted on 02/06/2018 2:58:18 PM PST by Gay State Conservative (Obama & Hillary: The Two Most Corrupt Politicians of My Lifetime.)
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To: SeekAndFind

Awesome! Shame on U of M Hospital for allowing this.


3 posted on 02/06/2018 3:04:38 PM PST by madison10 (Pray for President Trump.)
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To: SeekAndFind

Just so I understand the arguments here - is this more about (not) having a “transfer agreement” (which seems to me to be an easy thing to create) - or is this about the abortion center not wanting to have to submit to inspections?

Either way, it never ceases to amaze me that these “centers” have such a cavalier non-consideration of the ACTUAL health of it’s patients.


4 posted on 02/06/2018 3:06:31 PM PST by jonno (Having an opinion is not the same as having the answer...)
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To: SeekAndFind; All
OK - I missed this nugget the first time around:

Those restrictions [...] banned public hospitals from having such [transfer] agreements with abortion centers.

So am I correct in understanding that public hospitals are (rightly!) prohibited from working with these "centers", but private hospital are allowed - do I have this correct?

5 posted on 02/06/2018 3:13:55 PM PST by jonno (Having an opinion is not the same as having the answer...)
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To: SeekAndFind

Libs never meant SAFE with regards to abortion.
It’s a lie that sold it well.


6 posted on 02/06/2018 3:41:18 PM PST by a fool in paradise (Ask a lib if Alger Hiss colluded with the Russians.)
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To: SeekAndFind
“For years, the abortion industry has vociferously argued that it should be granted an unmerited exemption from standards routinely applied to other facilities performing invasive surgical procedures, as well as an exemption from the comprehensive inspections required of such facilities,” it noted.

Back in the day when I was very active in pro-life work, a group of us were determined to shut down this one abortion clinic. We had spies go in and look for stuff. One of our spies noticed an infraction of the fire code. So, we did what anyone would do, we called the fire department and reported them.

The fire department showed up and walked into the clinic and then quickly walked out without writing a ticket. I yelled, "You guys aren't going to do anything about it?"

And the lead fire guy said that they were not going to get involved.

I yelled, "But it is an obvious fire code infraction."

They both just shrugged their shoulders.

That was in the early 1990s.

I am glad things are getting more responsible. Their exemptions will soon be over.

7 posted on 02/06/2018 3:41:45 PM PST by Slyfox (Not my circus, not my monkeys)
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To: SeekAndFind

It’s funny that the unlisted right to abortions in the constitution also means the government MUST provide at least one medical center without licensing to allow them.

But states are throwing out gun companies left and right and trying to destroy the gun industry.


8 posted on 02/06/2018 4:09:56 PM PST by Skywise
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To: SeekAndFind

About time, half the people going into that “hospital” have been dying.


9 posted on 02/06/2018 5:46:43 PM PST by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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