Bruning 'disgusted' by plan for abortions at Bellevue clinic

LINCOLN — Exceptions provided in the landmark Roe v. Wade decision that upheld abortion rights apparently will allow third-trimester abortions at a Bellevue clinic, the Nebraska attorney general said Thursday.

"I'm disgusted and saddened," Attorney General Jon Bruning said, calling one of the exceptions so wide "you can drive a truck through."

Dr. LeRoy Carhart said Wednesday he plans to offer third-trimester abortions temporarily at his Bellevue clinic.

Carhart said he would offer the abortions only in cases where the fetus had organ damage or other medical problems preventing its survival outside the mother's body.

The doctor said he has not performed abortions in Nebraska past the 22nd week of pregnancy previously because he could refer women who needed them to Dr. George Tiller's clinic in Wichita, Kan.

Tiller's clinic closed after his shooting death May 31. Now Carhart will offer abortions beyond 22 weeks, including those in the third trimester, which begins about the 28th week.

Carhart said he will offer them there only until he can open a clinic outside the state, probably in Kansas.

Nebraska law, which reflects the 1973 Roe v. Wade ruling by the U.S. Supreme Court, appears to allow the third-trimester abortions, officials said.

Bruning cited two exceptions:

• Nebraska law says an abortion cannot be performed if an unborn child appears to have "clearly reached viability" outside the womb. In other words, it would allow an abortion if the fetus could not survive.

• The law also provides for an abortion to "preserve the life or health of the mother." Bruning said the second exception could be interpreted, by some, to preserve the mental health of the mother.

"That's an exemption you can drive a truck through," the attorney general said.

Carhart, who had performed third-trimester abortions at Tiller's clinic, has been a lightning rod in the abortion issue locally and nationally. His plans for third-trimester abortions here raised more concern from abortion opponents.

Greg Schleppenbach of the Nebraska Catholic Conference said third-trimester abortions, like all others, are wrong — even if the unborn child would not survive.

"We don't kill people who are terminally ill," Schleppenbach said. "Why would we kill an unborn child that is terminally ill?"

Bruning said that unless Roe v. Wade was overturned, Carhart appears to have plans that are within state law.

"It's one of the worst written opinions in the Supreme Court history, but, unfortunately, it remains the law of the land," he said.

Carhart said he plans to open the new clinic outside Nebraska with other doctors within three months. He said he firmed up his plans after hearing from investors and donors. He said he also has heard from Tiller's former staffers who want to work at the new clinic.

Tiller's clinic was one of just a few that performed third-trimester abortions.

• Contact the writer: 444-1122, michael.oconnor@owh.com