Saturday, March 28, 2009

Miscarriage of Justice: Tiller Acquitted



Dr George Tiller, an abortion doctor who has made a profitable career out of performing late term abortions was acquitted by a jury. The state presented it's case that the doctor circumvented the law by sending his patients to an employee instead of an independent doctor to verify that the late term abortion was a medical necessity.

The jury disagreed, saying that the doctor's employee was independent. Although they declined to explain how exactly she was independent despite the proof of a fiduciary relationship. Not to be outdone, as soon as the jury announced it's decision the state medical board announced it was investigating the doctor's actions.

Despite my well know position on abortion, I agree with the actions of both the jury and the Kansas Board of Medical Examiners. If the doctor's violation was one over which the Medical Board had jurisdiction that is where the case shoudl have been heard... not in criminal court.
I disagree with the practice of having doctors and lawyers police their own, as too many bad eggs fall between the cracks, assisted by their peer review boards (which really makes me want to know what Barack and Michele did to cost them their licenses). However, if the system is in place that is the one that should be given primary jurisdiction, then if that system fails, it should be appealed by prosecutors in a legal forum.

But holding the professional review board after the acquittal is like sending a high school graduate to kindergarten. It is common for a convicted doctor or lawyer to be charged by a review board after losing a trial, usually to officially revoke or suspend their license. But a review board after an acquittal is not appropriate.

In related news Kathleen Sebelius, awaiting confirmation hearings as head of HHS, signed a law requiring abortionists in Kansas to offer mothers the chance to get an ultrasound or hear the fetal heartbeat before the procedure.

This hollow act cannot change Sebelius' decades long reign as a strong pro abortion politician who vociferously defended Tiller on numerous occassions. She uses the typical disingenuous "woman's right to her body" defense when proselytizing abortion.

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