Six Years After Gosnell Conviction, N.H. Laws Unchanged

May 13, 2013, Philadelphia: Kermit Gosnell was convicted of murder, manslaughter, and a couple of hundred lesser offenses. He’s in prison for life. If he were released, he could set up shop in New Hampshire and commit with impunity some of the same actions for which he’s now imprisoned.

Gosnell snipped the necks of children who survived his attempts to abort them, one of whom he joked was big enough “to walk me to the bus stop.” Karnamaya Mongar, a woman who came to him for what she thought would be a safe and legal abortion, was sedated to death by the staff Gosnell was supposed to oversee, using protocols he had established to compensate for the staff’s lack of formal medical training.

The carnage was uncovered only accidentally, triggered by a 2010 drug raid at Gosnell’s “clinic,” which was a pill mill on top of its other charms. (Convictions on twelve drug offenses netted him another 30 years in prison.)

He got away with abusing women and children for a long time, because the one-time governor of the Commonwealth of Pennsylvania – a Republican named Tom Ridge, later entrusted with the Department of Homeland Security – ordered that abortion regulations not be enforced. They might have interfered with abortion access, and that was something Ridge wouldn’t countenance. Ridge’s policy prevailed for an appalling length of time.

Karnamaya Mongar isn’t around to offer her thoughts on Ridge’s defense of her rights.

New Hampshire differs from Pennsylvania in that we don’t have unenforced abortion regulations as far as we know; instead we have next-to-no regulations.

Infanticide: Since the Gosnell trial, New Hampshire legislators have considered three bills that would have required that children surviving attempted abortion be provided with the same level of care that would be given to a child born at the same stage of fetal development without any abortion attempt. Two of those bills were killed, and the third was tabled and never revived. I reported on each one: HB 1627, 2016; HB 578, 2017; HB 1680, 2018.

I attended the hearings and executive sessions on those bills. Opponents complained that such measures would tell doctors how to practice medicine and would cause undue distress to women seeking abortion due to fetal anomalies. Rep. Paul Berch’s remark on HB 1627 was instructive: “This bill seeks to address a problem that appears not to exist in New Hampshire.”

Well, since there is no evidence that New Hampshire public health authorities publish data on the incidence of live births following induced abortion, it’s easy to say a problem “appears not to exist.”

In 2013, Pennsylvania jurors recoiled at Gosnell’s horrific execution of the children who survived his attempt to abort them. Six years later, in our New Hampshire, I doubt there’s a prosecutor who would consider Gosnell’s spine-snipping worth prosecuting. Here, a woman seeking abortion is entitled not only to a terminated pregnancy but a dead child. New Hampshire legislators have passed up several chances to establish a different policy.

Mid- and late-term abortions: Among the crimes of which Gosnell was convicted were more than 200 violations of the Pennsylvania law restricting abortions to a maximum of 24 weeks’ gestation. No such restriction in New Hampshire, then or now.

Type of facility: The Gosnell grand jury sharply criticized the refusal of Pennsylvania authorities to subject Gosnell’s clinic to the same inspection and licensing requirements as ambulatory surgical facilities, as Pennsylvania law required. No such law in New Hampshire, then or now.

Personnel performing abortions: Gosnell employed people who were untrained and unlicensed to “care” for the women who came to him for abortion. In New Hampshire, there are no restrictions whatsoever on who may perform abortions. No medical training is required, and no particular kind of facility is required.

I’ve heard doctors who should know better argue that abortion in New Hampshire is self-policing, and that any incompetent abortion provider would be dealt with by the appropriate certifying board. Assuming that’s true – and I think it’s a generous assumption – what if the abortion provider isn’t subject to a certifying board? Who’s watching out for women then?

So the next Gosnells could come to New Hampshire and do late-term abortions, dispose of the “products of conception” (born-alive or not) as they saw fit, and put women at risk by employing unlicensed and untrained personnel (and indeed forgo a medical license themselves) – all without breaking any current state law.

Watch out for the drug laws, though. They are what finally tripped up Gosnell in Pennsylvania.

That’s what I mean by New Hampshire being Gosnell-friendly. It gives me no pleasure to say that.

The day of Gosnell’s conviction, Planned Parenthood sent out a fundraising email calling abortion regulations “extreme” and “outrageous.” Again, Karnamaya Mongar couldn’t be reached for comment.

And Gosnell himself? “I very strongly believe myself to be innocent of the heinous crimes of which I am accused.” (See interview in the book Gosnell by Ann McElhinney and Phelim McAleer.)

I hope Gosnell’s victims rest in peace. I hope he undergoes a change of heart. And I hope our beloved state learns from his crimes and their aftermath. It’s not too late.

This post originally appeared on GraniteGrok.


If the Gosnell case is new to you, go to YouTube and find “3801 Lancaster: An American Tragedy,” or pick up the Gosnell book, or watch the film Gosnell. I also recommend the grand jury report on the case (PDF here; also available on Amazon Kindle for $2.99).

Infanticide Without Representation

Originally published at Leaven for the Loaf.

Congressman Chris Pappas

Member of Congress Chris Pappas (D-NH)

Want to change the stigma around infanticide? Easy: just rename it. The catch-all term “reproductive rights” will cover it. That’s the protocol that’s been adopted by my Member of Congress, at any rate.

I recently sent an email message to Congressman Chris Pappas (D-NH) regarding the Born-Alive Abortion Survivors Protection Act. I asked him to support a discharge petition that would bring the bill to the House floor for a vote. I pointed out that the bill was about taking care of newborn children who survive attempted abortion. I said that I knew we disagreed on abortion, but surely we could find common ground on caring for infants.

What I received in return was an email from Pappas’s office about his support for reproductive rights. It was obviously a form letter, designed to address anything even remotely touching on abortion. Just one problem there: I hadn’t written to him about reproductive rights; I had written to him about caring for newborns. (Senator Maggie Hassan sent me a similar non sequitur earlier this year.)

Congressman Chris Pappas thinks caring for newborns is a threat to reproductive rights, if those newborns are the survivors of an attempt to kill them in utero. This is the man representing my district in Congress.

Here’s his message in full. Note well the contact information he kindly provides at the end.

Thank you for contacting me regarding reproductive rights. I appreciate you taking the time to share your thoughts with me, as it helps me better represent you and New Hampshire’s priorities in Congress.

I believe that every American is afforded the right to privacy and should have the freedom to make personal decisions about their health care.  I am committed to ensuring that women have access to the full range of reproductive health care choices. As a nation, we should focus on our common ground and shared goals – educating our children on sexual health, bolstering economic opportunity, and protecting our civil liberties.

Access to proper health care should be a right, and when women are denied the freedom to make their own personal health care decisions we not only limit their liberties but also their economic opportunities. We owe it to ourselves and to our neighbors to be as compassionate and understanding of their personal medical decisions as possible. Please know that I will keep your views in mind when considering legislation concerning reproductive rights.

Thank you again for sharing your thoughts on this important matter, and I look forward to keeping in touch. I strive to maintain an open dialogue with the people of New Hampshire about issues that matter to our state. If you have any further questions or concerns, please feel free to contact my Washington, DC office at (202) 225-5456 or my Dover office at (603) 285-4300. I also encourage you to keep up with the work I am doing by signing up for my weekly update at https://pappas.house.gov/contact/newsletter.

“We owe it to ourselves and to our neighbors to be as compassionate and understanding of their personal medical decisions as possible.”  That sentence only makes sense in the context of the born-alive bill if you think infanticide is a “personal medical decision.” Someone else’s decision, of course; the doomed child has no voice.

“Access to proper health care should be a right…” Abortion isn’t health care, and neither is infanticide.

A change of heart is always possible, even for Members of Congress. My Congressman needs to hear from people who have enough compassion and understanding to assure him that’s it’s OK to support care for newborn children who have survived abortion.

More than once in the course of writing about life-issue legislation, I’ve asked a question: is a woman seeking abortion entitled to a terminated pregnancy or a dead baby? What happens when the induced abortion results not only in termination of pregnancy but in a live birth? In an uncharitable moment, I wrote that the dead-baby caucus was in charge.

I guess I was right.

Take a Baby Step: Pass Abortion Statistics

Originally published on GraniteGrok.

The New Hampshire House will vote on March 7 on HB 158, an abortion statistics bill. Here’s where we’ll find out just how much the news out of New York and Vermont has influenced New Hampshire legislators. Are they distressed to be in one of the few states that leaves abortion unregulated throughout pregnancy? Then here’s a baby step: let our public health authorities at least find out how many abortions take place in New Hampshire. 

This bill won’t recognize a right to life. It doesn’t call for tracking post-abortion maternal injury or death, and it therefore would not detect abortion providers with a pattern of harming patients. It provides protection for the anonymity of women seeking abortion.

It would bring New Hampshire into line with the forty-seven other states that report abortion statistics, in aggregated non-personally-identifying form, to the Centers for Disease Control.

Abortion advocates are fighting this, as they have fought every attempt to find out how many abortions are performed in our state annually.

New Hampshire is arguably the most Gosnell-friendly state in the union, although New York is trying its best to join us. (Former abortionist Kermit Gosnell is serving life in prison for first-degree murder and manslaughter, after carrying on his business for years in Pennsylvania, a state that for a long time turned a blind eye to abortion providers.) Want to step away from that ghastly position?

Take a baby step. Pass HB 158.

Update: the House defeated HB 158, marking the eighth time since 2002 that abortion statistics legislation has failed to advance in New Hampshire.

Facts About N.H. Abortion Laws

(Note: This is based on a post I wrote for Cornerstone Action, which kindly gave me permission to re-post here.)

New York’s governor ordered buildings to be illuminated in pink lights on January 22, in celebration of state law he had just signed eliminating most limitations on abortion. Legislators in Virginia and Vermont are ready to follow suit with radically anti-life policies.

Think it couldn’t happen in New Hampshire? The grim fact is that it already has. New Hampshire is one of the most abortion-friendly states in the country. Here are the facts.

How far into pregnancy are abortions permitted in New Hampshire?

  • Abortions are legal, unrestricted, and unregulated throughout all 40 weeks of pregnancy in New Hampshire.
  • As recently as 2017 and 2018, legislators rejected bills that would have provided protection for viable preborn children.

What laws in New Hampshire affect abortion now?

  • New Hampshire has a parental notification statute. When a minor seeks abortion, she needs to notify a parent or guardian, or else use a “judicial bypass” in which a judge determines she is mature enough to make her own decision. The law calls for notification, not consent.
  • New Hampshire bans the barbaric abortion method known as partial-birth abortion or dilation-&-extraction, in which a child is delivered partway before being killed. This ban was passed in 2012.
  • As of early 2019, New Hampshire policy limits the use of Medicaid funds for abortion.
  • New Hampshire adopted a fetal homicide statute in 2017, allowing prosecutors the option of filing homicide charges against a person whose bad actions cause the death of a preborn child against the mother’s will. While not an abortion law, it was bitterly opposed by abortion advocates.

How many abortions are performed in New Hampshire annually?

  • No one knows, and that includes state lawmakers. New Hampshire does not have an abortion statistics law, despite the fact that the federal Centers for Disease Control attempts to collect abortion data. Forty-seven other states manage to collect and report such data, while protecting the anonymity and privacy of individual women obtaining abortions.
  • New Hampshire public health officials have no reliable data on the age of women seeking abortion, the stage of pregnancy at which abortions are performed, and whether women are experiencing abortion complications.

How many doctors do abortions in New Hampshire?

  • No one knows, since public health authorities do not collect any data on abortions.
  • There is no requirement that abortion providers in New Hampshire have any medical training or certification whatsoever.

Do New Hampshire state public health authorities inspect abortion facilities?

  • No, according to the New Hampshire Department of Health and Human Services. From a May 19, 2013 report in the New Hampshire Sunday News: “Kris Neilsen, communications director for the state Department of Health and Human Services, explained in an email that abortion clinics like Planned Parenthood and the Concord Feminist Health Center are exempt from state licensing and inspection requirements because they are considered physician offices. Twenty-three health care providers such as hospitals, hospices, nursing homes, and dialysis centers are licensed by the state, but not abortion clinics. ‘In New Hampshire, there is no such thing as an abortion clinic – the majority of abortions are done in doctors offices … and doctors’ offices are exempt from licensure under RSA 151:2 II,’ Neilsen said. ‘Because they are exempt, we have no jurisdiction over them, and neither does anyone else.’”

Who sets standards for abortion facilities?

  • The abortion providers themselves determine what standards to use. Since there is no law that providers have any medical training, those “standards” need not relate in any way to women’s health.

What’s the rate of post-abortion complications experienced by New Hampshire women?

  • No one knows, since lawmakers refuse to demand abortion statistics and public health officials decline to collect them. “Don’t ask, don’t tell” sums it up.

Does New Hampshire law protect children who survive attempted abortion?

  • No. Children who survive attempted abortion are not entitled to any more care than the abortionist wishes to provide. A bill to recognize a duty to care for such infants was defeated by the New Hampshire House in 2016.

Does New Hampshire law recognize the conscience rights of health care personnel who choose not to participate in abortion?

  • No. A bill to provide conscience protections was killed in the New Hampshire House in 2018. Health care professionals in New Hampshire can lose their jobs and be subject to professional sanctions for refusing to assist in abortions.

How did New Hampshire become such a haven for abortion providers?

  • In 1997, then-Governor (now U.S. Senator) Jeanne Shaheen signed a lawrepealing New Hampshire’s 19th-century anti-abortion laws. She did so knowing full well that no updated laws were in place. With a stroke of her pen, and with the cooperation of legislators, New Hampshire abortion regulation disappeared. So did concern for the health of women obtaining abortions. So did concern for preborn children, even moments away from birth.

It doesn’t have to be this way. You can help turn a culture of abortion into a culture that respects and nurtures life, especially in its most vulnerable stages.

  • Share the message: Knowledge is power, and many people don’t know the facts about abortion in New Hampshire.
  • Pray. Join with your faith community. A culture of prayer will lead to a culture of life.
  • Politicians bear a great deal of responsibility for New Hampshire’s abortion-friendly laws, but blaming Concord won’t help. What will help is electing representatives at all levels of government who respect the right to life, and who care about the health of pregnant women and their children. Vote for candidates who recognize that New Hampshire law relative to abortion must be changed.
  • Consider running for local or state office.
  • Work within your community to create and sustain life-affirming options for women and children at risk from abortion. Contact your local pro-life pregnancy care center to learn about practical ways you can help.

N.Y. Is Knee-Deep in Abortion; What About Your State?

It’s almost-but-not-quite old news that New York’s Governor Cuomo signed radical pro-abortion legislation recently, and celebrated in garish fashion. Much has happened in the two weeks since. Abortion-friendly bills are coming up in state houses in Vermont, New Mexico, Virginia, and Rhode Island. In Washington, Senate and House look at legislation to protect children who survive attempted abortion, and the President in the State of the Union Address endorsed that measure.

It’s easy to look at New York and wonder how things got so bad for the right to life. It’s easy to be shocked at the sight of Democratic members of Congress sitting stone-faced as the President endorses protection for born-alive infants. But have you looked at your own state’s laws? Maybe you can’t do anything about the Land of Cuomo or the U.S. Congress, but you can act on what’s happening in your own back yard.

Read more at DaTechGuy blog.

On NY’s Abortion Law: the View from NH

Originally posted at Leaven for the Loaf.

Yes, New York just passed an outrageous abortion law. But remember, New Hampshire got there first: no limitations on abortion, and no protection for children born alive after attempted abortion. We even out-do New York in one way: New Hampshire doesn’t collect any abortion statistics. And therein lies the best way for a Granite Stater to react to the news from New York.

Demand an abortion statistics law. There’s a hearing for one on Thursday, January 24, 2019 – mere hours away, as I publish this – at 11 a.m. in room 205 of the Legislative Office Building in Concord. The bill is HB 158-FN.

My social media feeds are full of upset New Hampshire neighbors, all of them sick at heart over the New York news. Here’s our challenge: get just as upset about New Hampshire’s situation, and then do something about it, starting with the abortion statistics hearing.

If every single one of my distressed friends were to contact the committee members who will consider the statistics bill, they’d make an impression. You can send a message to all twenty-two members of the House Health, Human Services and Elderly Affairs committee by sending one email to one address: HHSEA@leg.state.nh.us. Simple message: Please vote ought to pass on HB 158-FN, the abortion statistics bill.

If even half of my upset friends took a day off work to attend the hearing and sign the “blue sheet” supporting the bill, they’d make an impression. They’d pack the whole committee room, in fact, and overflow into the hallway all the way down to the elevators. I know it’s hard to take a day off work. I also know it hurts to go to a hearing and see how many abortion advocates make that kind of sacrifice without batting an eyelash.

It’s easy for me to rail about New York politicians. It’s easy to go online and warn that Governor Cuomo’s soul is in peril (not a message from me, but I’ve seen it more than once in my media feed). It’s easy to share photos of New York buildings lit up in pink to “celebrate” the passage of the new abortion law.

How about we take that energy and anger and indignation and grief and put it where it will do some good?

The abortion statistics bill would authorize New Hampshire public health authorities to do what 47 other states already do: collect abortion information in a way that protects patient privacy, and report the numbers to the federal Centers for Disease Control. How many abortions, maternal age, gestational age, incidence of post-abortion complications: New Hampshire public health authorities only know what abortion providers tell them. There’s no reporting law. HB 158-FN would change that.

I am aware that passage is unlikely, given the current makeup of the New Hampshire legislature. This is a modest little test case, though: will we bring the same intensity to this bill that we’re bringing to the online fuss over New York’s lamentable law? Will we write those emails, call those reps, come to the hearing, and eventually show up for the House vote? Will we use social media as intensively to promote HB 158-FN as we use it to criticize New York?

We can try.

More of my posts inspired by the New York legislation are on GraniteGrok and DaTechGuy Blog.

N.Y. State Goes Gosnell-Friendly

Who knew that New York would look to New Hampshire for inspiration on its abortion laws? A vote in Albany by the New York Senate does just that, 46 years to the day after the U.S. Supreme Court handed down with a thud the twin decisions Roe v. Wade and Doe v. Bolton. Next stop: the abortion-friendly state Assembly. Governor Andrew Cuomo is ready to sign the measure when it reaches his desk.

Read the rest of the post at GraniteGrok.