Thursday, November 18, 2010

ND Unlicensed Abortionist Not to be Charged

A while ago Dr. Lori Lynn Thorndike was caught performing abortions in North Dakota even though her medical licensure in the state had lapsed.  She also performs abortions in South Dakota and Colorado where her licensure is current.

Performing abortions without a current license is a Class B Felony in North Dakota but guess what?  State’s Attorney Birch Burdick has said he will not charge her.  He claims that because she’s licensed in other states that her licensure in ND was simply an “oversight”.

Wow, good to know!  Go tell all your friends that ND laws don’t really matter.  Apparently as long as we’re following the laws of OTHER states we don’t have to follow the laws of this one.  Apparently a felony crime is no big deal as long as it was an “oversight”.  To top it off, the ND Board of Medical Examiners reinstated her license without so much as a hearing.  Why?  Is it that we’re so desperate for an abortionist in this state that we’ll bend the laws to convenience them?

Does this bother anyone else?

LifeSiteNews has been kind enough to gather the contact information, and many more details, about this issue.  Please join me in respectfully expressing disappointment in the decisions to ignore the law of the state of North Dakota.

North Dakota Board of Medical Examiners
Duane Houdek, JD, Executive Secretary/Treasurer
418 E Broadway Ave # 12
Bismarck, ND 58501-4086, USA
Phone: (701) 328-6500
Fax: (701) 328-6505

State's Attorney Birch P. Burdick
Cass County State's Attorney
P.O. Box 2806
Fargo, ND 58108-2806 USA
Phone: 701-241-5850
Fax: 701-241-5805


Dan 'n Tara Brooke said...

I have sent the following email to Mr. Burdick:

Good morning, Mr. Burdick,

I'm a resident of North Dakota and have recently become aware that a doctor has been performing abortions at a location in Fargo ND even though her license has lapsed. I also understand that your office has decided not to charge her with breaking North Dakota law even though this is a Class B Felony. I am writing to urge you to reconsider. Letting this violation of state law slide sends the message that North Dakota's laws only apply under certain circumstances. Are we prepared to offer others such as who do unlicensed work in our state a pass as well? Where do we draw the line on what is, and is not, acceptable when it comes to operating in our state without proper licensure? Failing to prosecute in this case appears to be a dangerous precedent.

Please protect the people and dignity of our state by enforcing the laws that have been enacted for our protection. Residents of North Dakota depend on people like you to stand up for us. Please do so.


Dan Brooke

Anonymous said...

Mr. Burdick,

Good morning! I am writing you this email in light of a decision you just recently made to "overlook" a class b felony charge. I will remove the cause of this particular class b felony charge, and ask you how many other class b felony charges you have happened to "overlook?" Sexual assult, robbery, arsen, assult and battery? Would you overlook any of these? How about manslaughter? All of these are class b felonies! If you allow this doctor to just move on without discipline, then hopefully you will as well look with that much love on all others being charged with class b felonies.

I am saddened to be living in a state where our laws to not matter, or at least do not hold up in the court of law!

Tara Brooke
ND Resident!

Sean Lengenfelder said...

I just want to make few points:

1) The woman is licensed in two different states, other than ours. The law is clearly in place to prevent non-medical personel from parading themselves about as Dcotors. Having her license reinstated and having the charges waived stems directly from this fact. It doesn't have anything to do with being an abortionist, it has to do with being a licensed professional, which she clearly is.

2) We do this kind of thing all the time. Have either of you driven in another state without a driver's license from that state? I'm assuming yes. It's the exact same idea.

3)The point of the judicial system is to be a balance of power to both the executive and legislative branch. Their job is to interpret the laws the legislature passed down. What they did is look into the spirit of the law, which is more important, rather than at the letter. I applaud the court for cutting through legal red tape to allow a woman to do her job, when she has every legal right to do it. As stated above, the woman is licensed in two other states. She clearly is a doctor and not some charlatan spewing snake oil. The waiving of her fine goes with the spirit of the law.

Dan 'n Tara Brooke said...

Thanks for taking the time to respond, Sean,

In general, I disagree that this is "normally" done. A person I know was charged with a felony for driving a vehicle without insurance because a payment was missed. Decades of perfect driving record had no bearing. Clearly this person "overlooked" this law but that made no impact.

Driving in other states without a driver's license from that state is legal because of reciprocity. Each state acknowledges that being licensed in another state is good enough. In the case discussed here no such reciprocity exists. Driving in another state is legal. Doing medical work in another state is not.

In any event, thanks for sharing your viewpoint and for reading the blog. I respect that you have a different opinion and appreciate that you took the time to share it.