On May 24, 2009, pro-life operating room RN Cathy DeCarlo was on call at Mt. Sinai Hospital in New York City, where she had worked for 5 years.
michael silverstein.jpgMt. Sinai gets $200 million in federal funding annually, so even though it commits late-term abortions it is obligated by the Church Amendment not to force pro-life staff to help.
Dr. Michael Silverstein (pictured right) called the OR to schedule an “emergency” abortion of a 22-week pre-eclamptic patient. The patient was not on magnesium sulfate, her blood pressures were not in high risk range, and Silverstein even charted her as “Category II,” not “Category I,” meaning he thought she required surgery not immediately but within 6 hours….


Nevertheless, to make a long story short, DeCarlo was forced to assist with a D&E dismemberment abortion. Read the details of the federal lawsuit, filed yesterday by the Alliance Defense Fund, here.
Explained ADF attorney Matt Bowman, “Requiring a devout, Catholic nurse to participate in a late-term abortion in order to remain employed is illegal, unethical, and violates her rights of conscience.”
DeCarlo is asking the court for an injunction to stop the hospital, where she still works, from punishing her for filing her lawsuit. She also is asking the court to force the hospital to give back a portion of the $200 million it got in federal funding this year for violating the Church Amendment. And she has asked for an unnamed amount in damages.
ADF considers this a strong case. If the court takes no action against Mt. Sinai, it is refusing to enforce federal conscience protections.
sebelius.jpgAnother interesting component: As most know, President Obama’s Department of Health & Human Services, overseen by rabid pro-abort Kathleen Sebelius (pictured left), is trying to stop enforcement of conscience protections, which President Bush enacted at the end of 2008.
This means that in the case of Mt. Sinai, DHHS wouldn’t penalize the hospital by withdrawing funds. It would refuse to enforce federal law.
In that regard, an interesting observation. On DHHS’s web page of laws and regulations it enforces, the Church Amendment – 42 U.S.C. § 300a7(c) – is NOT listed. I think ADF should poke DHHS on this.

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