Conscience Clause Litigation Update

By 

Jay Sekulow

|
May 23, 2011

2 min read

ACLJ

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On yesterday's radio program I had Frank Manion, Sr. Counsel for the ACLJ, discuss the Conscience Clause cases that we are handling throughout the country.  These cases involve medical professionals who refuse to participate in abortion procedures.  Recently, the United States Congress passed a law mandating that hospitals not be penalized for failing to engage in abortion procedures.  The legislation passed overwhelmingly and was signed by the President.  Planned Parenthood and others immediately filed suit challenging the constitutionality of the statute.  We represented members of the House and Senate who actually crafted the legislation.  I am happy to report that the U.S. District Court in Washington, D.C. ruled on the merits in our favor and declared the statute constitutional.

Similarly, in cases involving nurses, ambulance drivers, and pharmacists, we are representing those medical professionals who will not be compelled to violate their conscience and engage in abortion practices.  One of the most significant cases that we have right now involves the State of Illinois.  Despite the fact that there is a state statute that protects the conscience rights of medical professionals, the Governor issued a directive mandating that medical professionals not only dispense medications inducing abortion, but also participate in abortion procedures.  We are representing doctors, nurses and pharmacists who are refusing to comply with this directive.  The case is currently in the state court and we expect resolution by the end of the year.
 
On the radio broadcast yesterday, Frank reported that we anticipate that new cases will be filed in the coming days in other states as well.  Eighteen months ago we won a record verdict before a jury involving nurses who were fired for not dispensing a drug that induced abortion.  This was the first case in the country to go to a jury and was successfully concluded in our favor.  This case has sent a shockwave through the pro-abortion industry.  For frequent updates go to www.aclj.org.