March 13, 2001
031301Abortion Provider Fights University Dismissal
By THE ASSOCIATED PRESS
LINCOLN, Neb., March 12 (AP) — A doctor whose challenge to a state
abortion law led the United States Supreme Court to overturn it told
a judge today that the University of Nebraska wrongfully terminated
his faculty position because of political pressure.
The doctor, LeRoy Carhart, performed abortions and donated fetal
tissue to the university for research. After it was reported in
November 1999 that the university was using fetal tissue in
research, Dr. Carhart said, school officials told him they were
under increasing pressure to have him resign or to terminate his
unpaid position.
He said Dr. Howard Gendelman, director of the university medical
center's neurological research center, told him the pressure came
from the office of Gov. Mike Johanns, some members of the university
Board of Regents and some legislators.
Dr. Carhart's testimony came at a federal court hearing on his
request for an injunction ordering his reinstatement pending a trial
on his lawsuit against university officials. No trial date has been
set. He is also seeking unspecified damages.
Last summer, acting on a lawsuit filed by Dr. Carhart in 1997, the
Supreme Court voted 5 to 4 to strike down a Nebraska law banning the
procedure that opponents call partial-birth abortion. The court said
the law, similar to ones in 29 other states, imposed an "undue
burden" on a woman's right to end her pregnancy because it lacked an
exemption to preserve a woman's health.
Dr. Carhart, of Bellevue, says university officials violated his
constitutional rights by terminating his position at the medical
center because he challenged the law and because of an uproar over
the university's use of fetal tissue for research.
David Buntain, a lawyer representing the university, denied that the
termination was politically motivated.
Another university lawyer, Richard Wood, has said the medical center
terminated 30 temporary faculty members last year, including Dr.
Carhart, because their appointments were in departments outside
their area of expertise. Dr. Carhart had been appointed to the
department of pathology and microbiology.
Mr. Wood said that those 30 faculty members were told they could
reapply to a position dealing with their area of practice and that
Dr. Carhart did not do so.