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JGR/Abortion (1 of 3)
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118567444
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JGR/Abortion (1 of 3)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Roberts, John G.: Files Folder Title: JGR/Abortion (1) Box: 1 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ 1 Box 1 - JGR/Abortion (1) - Roberts, John G.: Files SERIES I: Subject File ID #. 04426205 WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET 0 OUTGOING H INTERNAL I . INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Richard 6. Darman MI Mail Report User Codes: (A) (B) (C) Subject: Descritive Referral re Maght tx Ride ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD @ Holland ORIGINATOR 82102102 / / Referral Note: WAT03 D 82102102 587.102104 Referral Note: / / / / - Referral Note: / / / / - 1 Referral Note: / / / / - Referral Note: ACTION CODES: DISPOSITION CODES: A - Appropriate Action I - Info Copy Only/No Action Necessary A - Answered C Completed C - Comment/Recommendation R. Direct Reply w/Copy B- - Non-Special Referral S Suspended D - Draft Response S- For Signature F - - Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 Document No. 044262CS HP WHITE HOUSE STAFFING MEMORANDUM DATE: 2/2/82 ACTION/CONCURRENCE/COMMENT DUE BY: c.o.b. February 4 SUBJECT: LEGISLATIVE REFERRAL RE RIGHT TO LIFE ACTION FYI ACTION FYI VICE PRESIDENT GERGEN MEESE HARPER BAKER JAMES DEAVER JENKINS STOCKMAN MURPHY ANDERSON ROLLINS CANZERI WILLIAMSON CLARK WEIDENBAUM DARMAN P SS BRADY/SPEAKES DOLE ROGERS DUBERSTEIN FIELDING FULLER Remarks: May we have your comments by c.o.b. Thursday, February 4. Thank you. Richard G. Darman Assistant to the President and Deputy to the Chief of Staff (x-2702) THE WHITE HOUSE WASHINGTON CABINET AFFAIRS STAFFING MEMORANDUM DATE: February 2, 1982 NUMBER: 044262CA DUE BY: February 4, 1982 SUBJECT: Legislative Referral Re: Right to Life ACTION FYI ACTION FYI ALL CABINET MEMBERS Baker Deaver Vice President State Anderson Treasury Clark Defense Darman (For WH Staffing) Attorney General Interior Jenkins Agriculture Gray Commerce Beal Labor HHS HUD Transportation Energy Education Counsellor OMB CIA UN USTR CCNRE/Boggs CEA CCHR/Carleson CEQ CCCT/Kass OSTP CCFA/McClaughry CCEA/Porter Please advise us of any policy considerations ASAP. REMARKS: RETURN TO: Craig L. Fuller Assistant to the President for Cabinet Affairs 456-2823 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. D.C. 20503 Jan 22, 1982 LEGISLATIVE REFERRAL MEMORANDUM TO: Legislative Liaison Officer Department of Health and Human Services SUBJECT: Department of Justice proposed report on S. J. Res. 19, a proposed amendment to the Constitution guaranteeing the right to life. Please also provide your views on Justice's proposed reports on: S.J. Res. 17 (see LR Referral Memo of 10-30-81) S.J. Res. 18 (see LR Referral Memo of 10-30-81) S.J. Res. 110 (see LR Referral Memo of 11-16-81). The Office of Management and Budget requests the views cf your agency on the above subject before advising on its relationship to the program of the President, in accordance with OMB Circular A-19. A response to this request for vour views is needed no later than Friday, February 5, 1982. Questions should be referred to Bob Pellicci ( 395-4702 ) or to T, the legislative analyst in this office. (Signed) Naomi R. Sweeney Naomi R. Sweeney for Assistant Director for Legislative Reference Enclosures cc: Craig Fuller Mike Uhlmann Mike Horowitz Don Moran Emily Rock Lynn Etheredge U.S. Department of Justice Office of Legislative Affairs Office of the Assistant Attorney General Washington. D.C. 20530 Honorable Strom Thurmond Chairman Committee on the Judiciary United States Senate Washington, D. C. 20510 Dear Mr. Chairman: This is in response to your request for the views of the Department of Justice on S. J. Res. 19, proposing an amendment to the Constitution "guaranteeing the right to life". The resolution reads in full: The paramount right to life is vested in each human being from the moment of fertilization without regard to age, health, or condition of dependency. The resolution appears primarily designed to ban abortions. On the wisdom of Congressional adoption of a constitutional amendment to prohibit abortions, we defer to other agencies. However, we believe that S. J. Res. 19 is overly broad and a more narrowly drawn resolution could accomplish the stated purpose without the potentially significant consequences which might ensue from adoption of the language at issue. Comments concerning the probable legal effect of the resolution, and suggestions for clarification in the legislative history of certain ambiguities in the event the resolution is adopted by the Congress, follow. (a) As noted, the resolution is apparently intended to preclude abortions. In stating that the right to life is vested in each human being from fertilization, the resolution implies that the fetus is a "human being," and therefore vested with the right to life, from the moment of conception. In providing that the right to life is "paramount," the resolution further implies that the unborn child's right to life. should prevail against any countervailing interest of the mother. The only case involving abortion in which the resolution does not seem to provide a rule of decision is that in which an abortion is required to save the life of the mother. Since the mother also enjoys a "paramount right to life" under the resolution, the unborn child's interest would not necessarily prevail in this situation. The legislative history might well establish what procedures, if any, are to be permitted to save the mother's life. (b) The resolution establishes a right, but does not state what parties bear the obligation. In this respect, the resolution is similar in concept to the Thirteenth Amendment, which outlaws slavery. The Thirteenth Amendment has been held to impose obliga- tions on private parties as well as governmental entities; similarly, we assume that S. J. Res. 19, if proposed and ratified, would impose duties on governments and private parties alike. The resolution therefore prohibits not only state involvement with abortions, but also the private conduct of abortions. Abortions would become illegal throughout the nation in all situations except possibly those in which the mother's life is threatened. (c) While it clearly outlaws abortion, the language of this particular resolution might impose certain other duties to protect the life of an unborn child. It could, for example, bar the use of birth control techniques such as the morning-after pill or the intrauterine device which kill the fertilized ovum after the technical moment of conception. It could prohibit the use of medical procedures designed to improve the mother's health (but not necessary to save her life) which create a foreseeable risk of death to the unborn child. It could create a federal remedy for medical malpractice or other wrongful conduct which kills the unborn child. And it could outlaw a variety of additional actions other than directly performing abortions which are a relatively direct cause of an abortion. More generally, the rights created by the resolution are not limited to those enjoyed by the unborn child. The paramount right to life is vested in "each human being. Depending on the guid- ance provided by the legislative history, the resolution could have a relatively profound effect on the existing structure of state and federal law. For example, the resolution would probably prohibit murder and other varieties of homicide. While because of due process constraints it would not be read as imposing criminal penalties, it would probably create a civil cause of action for damages. Moreover, the resolution might be held to authorize the federal government to create a uniform federal homicide law by enacting implementing legislation. Arguably, such a law could preempt the homicide statutes now existing in the various states. (d) The resolution could be held to prohibit merely negli- gent conduct causing the death of another human being. If so, it could authorize the creation of a federal common law of wrongful death. It is not inconceivable that a fatality arising out of an ordinary traffic accident could, upon the ratification of this proposed amendment, amount to a violation of the victim's consti- tutional rights giving rise to a cause of action in federal court for money damages. - 2 - (e) The resolution could also cast doubt on decisions in some states permitting the families of comatose patients to peti- tion the court for an order terminating the use of life support systems. See Matter of Quinlan, 70 N.J. 10, 355 A.2d 642 (1976). Under ordinary principles of interpretation, constitutional rights may be waived by a knowing, conscious, and deliberate act. Since a comatose patient is unable to waive his right to life, it is uncertain whether the right could be waived by another in this circumstance. (f) The resolution could generate serious constitutional questions as to the validity of capital punishment laws. It vests the right to life in "each human being," including, presumably, persons who have committed capital offenses, and states that the right to life shall be "paramount." If the right is paramount, it could be construed to prevail over any interests, such as deter- rence or retribution, which the government might seek to vindicate through imposition of capital punishment. (g) Finally, it is possible--although we believe unlikely-- that the right to life recognized by the resolution could be held to include more than a right not to be killed by another. Read most broadly, the right to "life" might arguably encompass a certain minimum "quality" of life. If so, S. J. Res. 19, if proposed and ratified, could arguably impose a responsibility of uncertain scope on governments to assure that persons within their jurisdictions enjoy at least the minimum of material benefits necessary to live a relatively comfortable existence. While we believe that this argument would be weak, we would anticipate that it would be asserted. The legislative history should help to establish whether any protection of the quality of life is intended by S. J. Res. 19. The foregoing discussion has suggested that the amendment proposed by S. J. Res. 19 could be read quite broadly. Our uncertainty as to the resolution's scope stems from its sweeping and open-ended terms. Congress could attempt to limit the meaning of these terms through legislative history, but this attempt would not necessarily be successful. Although arguments from history can be treacherous, it is worth noting the expansive meaning given to the open-ended terms of the Fourteenth Amendment despite historical evidence indicating that the Amendment was designed primarily or wholly to deal with problems of slavery and race relations. If, as seems likely, the purpose of S. J. Res. 19 is only to prohibit abortions, we suggest that a more narrowly drawn amendment might have the desired effect without potentially granting substantive new rights to persons who have already been born. - 3 - The Office of Management and Budget has advised that there is no objection to the submission of this report from the standpoint of the Administration's program. Sincerely, Robert A. McConnell Assistant Attorney General - 4 - x 97TH CONGRESS 1ST SESSION S. RES. 19 Proposing an amendment to the Constitution of the United States guaranteeing the right of life. IN THE SENATE OF THE UNITED STATES JANUARY 22 (legislative day, JANUARY 5), 1981 Mr. HELMS introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary JOINT RESOLUTION Proposing an amendment to the Constitution of the United States guaranteeing the right of life. 1 Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled, 3 That the following article is proposed as an amendment to 4 the Constitution of the United States, which shall be valid to 5 all intents and purposes as a part of the Constitution only if 6 ratified by the legislatures of three-fourths of the several 7 States within seven years from the date of its submission by 8 the Congress: 2 1 "ARTICLE XXVII 2 "The paramount right to life is vested in each human 3 being from the moment of fertilization without regard to age, 4 health, or condition of dependency.". S.J. Res. 19-10 Ag WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET WE003 0 . OUTGOING H . INTERNAL I . INCOMING C O P Y Date Correspondence Received (YY/MM/DD) Name of Correspondent: Philip B Dreesbas from ORM MI Mail Report User Codes: (A) (B) (C) Subject: Partable photo exhibit titled The American Holocaunt" ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CUHolland ORIGINATOR 85101118 C 85,01,28 WAT09 Referral Note: I 850118 C 85,01,28 WATO4 Referral Note 4/25/85 PJR MEMO TO HAUSER S 85/01/28 RAH A 85,01,28 Referral Note: / / / / Referral Note: / / / / Referral Note: ACTION CODES: DISPOSITION CODES: A - Appropriate Action I Info Copy Only/No Action Necessary A Answered C Completed C - Comment/Recommendation R . Direct Reply w/Copy. B. Non-Special Referral S Suspended D Draft Response S For Signature F - Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: See: ID 240811CU I 077132 JAN. 25,1985 PJR MEMO To Fielding ATTAChed Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 THE WHITE HOUSE WASHINGTON January 28, 1985 Dear Dr. Dreisbach: This will acknowledge and respond to your recent letter to the President enclosing a copy of the anti-abortion photographic exhibit your organization wishes to display in Washington, D.C., and requesting an opportunity to show the exhibit to the President. The President will be unable to accommodate this request for a personal meeting. In addition, we must protest the reproduc- tion on this exhibit of the President's letter of May 5, 1982 and ask that your Association cease to use any reproduction of that letter either on this poster or in any of your literature. As you know, the White House did not grant permission for this use of the President's letter. More generally, Presidential messages of this sort are not intended to be reproduced by their recipients for recruiting, promotional or fundraising or other extranecus purposes. Finally, as you were advised by Peter Rusthoven of our staff in his letter of August 13, 1984, the President, despite his frequently articulated personal opposition to abortion, cannot comment on matters pending before State courts -- something which the inclusion of this 1982 letter in your photographic exhibit suggests he is doing. I will appreciate your prompt written assurance of intent to comply with the requests set forth above, and trust you can understand the reasons for those requests. Sincerely, Original signed by RAH Richard A. Hauser Deputy Counsel to the President Philip B. Dreisbach, M.D. Secretary-Treasurer California Pro Life Medical Association Post Office Box 99 Palm Springs, California 92263 RAH: PJR:ph 1/25/85 CC: RAHauser\ Subject PJRusthoven Chron. THE WHITE HOUSE WASHINGTON January 25, 1985 MEMORANDUM FOR RICHARD A. HAUSER FROM: PETER J. RUSTHOVEN 646 SUBJECT: Letter from Philip Dreisbach about Anti-Abortion Photographic Exhibit Attached for your signature (in Mr. Fielding's absence from the office) is the response to Dr. Dreisbach's most recent letter. The response has been revised to incorporate the phrase Fred wanted added to the last paragraph. When the letter has been signed, I will send an informational copy to Fred Ryan. Attachment THE WHITE HOUSE WASHINGTON Patting Dear Dr. Dreisbach: January 25, 1985 This will acknowledge and respond to your recent letter to the President enclosing a copy of the anti-abortion photographic exhibit your organization wishes to display in Washington, D.C., and requesting an opportunity to show the exhibit to the President. The President will be unable to accommodate this request for a personal meeting. In addition, we must protest the reproduc- tion on this exhibit of the President S letter of May 5, 1982 and ask that your Association cease to use any reproduction of that letter either on this poster or in any of your literature. As you know, the White House did not grant permission for this use of the President's letter. More generally, Presidential messages of this sort are not intended to be reproduced by their recipients for recruiting, promotional or fundraising or other extraneous purposes. Finally, as you were advised by Peter Rusthoven of my staff in a letter dated August 13, 1984, the President, despite his frequently articulated personal opposition to abortion, cannot comment on matters pending before State courts -- something which the inclusion of this 1982 letter in your photographic exhibit suggests he is doing. I will appreciate your prompt written assurance of intent to comply with the requests set forth above and truet you undertad the for that request. Sincerely, Fred F. Fielding Counsel to the President Philip B. Dreisbach, M.D. Secretary-Treasurer California Pro Life Medical Association Post Office Box 99 Palm Springs, California 92263 THE WHITE HOUSE WASHINGTON January 25, 1985 MEMORANDUM FOR FRED F. FIELDING FROM: PETER J. RUSTHOVEN 646 SUBJECT: Letter from Philip Dreisbach about Anti-Abortion Photographic Exhibit Dr. Dreisbach, who is Secretary-Treasurer of the California Pro Life Medical Association, wrote the President in late December enclosing "a large portable photo exhibit that we hope to display in an appropriate place in Washington, D.C. in 1985," and asking permission to show him the exhibit. The background of this matter involves the discovery of the undisposed remains of some 17,000 fetuses in California, for which Dreisbach's organization has been attempting to arrange formal burial and about which he wrote to the President in 1982. In reply, he received a very supportive Presidential dated May 5, 1982 (copy attached), which appears to have been drafted in Anne Higgins' office and autopenned. Our office had no knowledge of this earlier correspondence. In 1984, Dreisbach again wrote the President, reporting that the attempt to arrange for burials was held up in litigation still pending in California State courts, and asking that Arlington National Cemetery be made available for the burials. This letter was referred to our office, and received the attached reply from me (discussed and reviewed with Dick). The current "photo exhibit" features a reproduction of the President's 1982 letter surrounded by pictures of aborted fetuses. It is, to say the least, a gruesome presentation. Use of the President's letter in this fashion was certainly not authorized. In addition (and despite my personal views on abortion), I believe it inappropriate to have the President associated in quite so personal a way with this particular tact of pro-life supporters, particularly when (to the best of my knowledge) the "burial litigation" may still be pending. Accordingly, attached for your review and signature is a reply to Dreisbach advising that the use of the President's letter on this poster is unauthorized and inappropriate, especially in light of the pendency of State court litigation. Attachments CC: Richard A. Hauser RESTRICTED 29/08/19 THE WHITE HOUSE WASHINGTON Date: 1/8/85 TO: Dick Houser FROM: FREDERICK J. RYAN, JR. Director Presidential Appointments and Scheduling Per our discussion II Decibach May S 1982 285809 CU RECEIVE CALIFORNIA PRO LIFE MEDICAL ASSOCIATION 3 1985 12-29-84 SCHEDULING Executive Director Albert Lorincz, M.D. Obstetrics/Gynecology Los Gatos President Dear President Reagan: Nancy T. Mullan, M.D. Psychiatry Burbank Vice-President Frank Hyatt, M.D. I have enclosed a documentary which contains a letter Family Practice San Jose you sent us two years ago. Secretary-Treasurer Philip B. Dreisbach, M.D. We have prepared a large portable photo exhibit that Oncology/Hematology Palm Springs we hope to display in an appropriate public place in Washing- ADVISORY BOARD James Brennan, M.D. ton, D.C. in 1985. Long Beach John Livoni, M.D. If your schedule permits, I would be honored to show you Sacramento James Ford, M.D. Downey the exhibit while you are here in Palm Springs. A.F. Forster, M.D. Long Beach The 17,000 bodies of abortion victims have never been David Gasman, M.D. Redding buried because the ACLU went to court to block the burial Walter Gillogley, M.D. San Mateo Allen Kelly, J.D., M.D. and ask for incineration. Los Angeles Supervisor, Mike Anton- Sunnyvale Robert Kelly, M.D. ovich, a personal friend and soo-to-be Chairman of the California Cupertino William Levonian, M.D. Santa Cruz Republican Party, has been our most staunch assistant. George Maloof, M.D. San Francisco John J. McGroarty, M.D. Burbank Albert Monterastelli, M.D. Sincerely, Pomona Gerald Navarre, M.D. Westminster Edward Novak, M.D. Redwood City Philip B. Dreeibach,MD. Edward Obeji, M.D. Long Beach Philip B. Dreisbach, M.D. Dale Ritter, M.D. Secretary Chico John A. Robertson, M.D. Medical Association Sierra Madre John Samson, M.D. Long Beach Rafael Solari, M.D. San Francisco Offices: 619-568-3613 John Warburton, M.D. 619-327-5158 Westminster Leonie Watson, M.D. Richard Watson, M.D. San Francisco Harry Weiss, M.D. Vista POST OFFICE BOX 99, PALM SPRINGS, CA 92263 / PHONE 619/327-5158 JV WHITE HOUSE PA001 CORRESPONDENCE TRACKING WORKSHEET o . OUTGOING CO P Y H . INTERNAL I . INCOMING Date Correspondence Received (YY/MM/DD) / / from ORM Name of Correspondent: Philip B. Dreembach, M.D. MI Mail Report User Codes: (A) (B) (C) Subject: Requests use of arlington Cemetery for unfants disposal of remains of unborn ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD Witolland ORIGINATOR 94/07/10 Referral Note: WAT09 I 14/07/10 BR A 4,08,13 Referral Note: / / / / Referral Note: / / / / - Referral Note: / / / / - Referral Note: ACTION CODES: DISPOSITION CODES: A . Appropriate Action I . Info Copy Only/No Action Necessary A Answered C Completed C . Comment/Recommendation R - - Direct Reply w/Copy B . Non-Special Referral S Suspended D Draft Response S For Signature F * Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: 077132, Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 THE WHITE HOUSE WASHINGTON August 13, 1984 Dear Dr. Dreisbach: This will acknowledge and respond to your recent letter to the President requesting that he make Arlington National Cemetery available for burial of the remains of 17,000 unborn infants, which the California Court of Appeals has recently ruled may not be buried. The President has no legal authority to interfere with the decision of the State court in this matter, and any attempt to reverse that decision would have to proceed through the normal channels of judicial review. In addition, eligibility for interment in national cemeteries is governed by a Federal statute (38 U.S.C. $ 1002), and is generally limited to those members of the Armed Forces and their dependants who meet the requirements specified in that law. I can and do appreciate that this is matter of great importance to you and other members of the California Pro Life Medical Association. Though we cannot comment on pending State court proceedings, the President has, as I am sure you are aware, repeatedly stated his opposition to abortion on demand and his support for efforts to bring it to an end. Sincerely, Acter Peter J. Rusthoven Associate Counsel to the President Philip B. Dreisbach, M.D. Secretary-Treasurer California Pro Life Medical Association Post Office Box 99 Palm Springs, California 92263 a 24 CEMETERIES AND MEMORIALS 38 § 1002 Code of Federal Regulations Advisory committee. see 38 CFR 1.601. § 1002. Persons eligible for interment in national ceme- teries Under such regulations as the Administrator may prescribe and subject to the provisions of section 3505 of this title, the remains of the following persons may be buried in any open national cemetery in the National Cemetery System: (1) Any veteran (which for the purposes of this chapter includes 1 person who died in the active military, naval, or air service). (2) Any member of a Reserve component of the Armed Forces, and any member of the Army National Guard or the Air National Guard, whose death occurs under honorable conditions while he is hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he is performing active duty for training, inactive duty training, or undergoing that hospitalization or treatment at the expense of the United States. (3) Any member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force whose death occurs under honorable con- ditions while he is- (A) attending an authorized training camp or on an autho- rized practice cruise; (B) performing authorized travel to or from that camp or cruise; or (C) hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he is- (i) attending that camp or on that cruise; (ii) performing that travel; or (iii) undergoing that hospitalization or treatment at the expense of the United States. (4) Any citizen of the United States who, during any war in which the United States is or has been engaged, served in the armed forces of any government allied with the United States during that war, and whose last such service terminated honorably. (5) The wife, husband, surviving spouse, minor child, and, in the discretion of the Administrator, unmarried adult child of any of the persons listed in paragraphs (1) through (4). (6) Such other persons or classes of persons as may be designat ed by the Administrator. Added Pub.L. 93-43, § 2(a), June 18, 1973, 87 Stat. 75. Historical Note Effective Date. Section effective June Legislative History. For legislative 18, 1973. see section 10(a) of Pub.L. 93-43. history and purpose of Pub.L. 93-43, set out as a note under section 1000 of 1973 U.S.Code Cong. and Adm.News, this title. 1401. Code of Federal Regulations Ellgible persons. see 38 CFR 1.620. 240811 cu CALIFORNIA PRO LIFE MEDICAL ASSOCIATION Executive Director President Ronald Reagan Albert Lorincz, M.D. Obstetrics/Gynecology Los Gatos White House President Nancy T. Mullan, M.D. Washington, D.C. July 3, 1984 Psychiatry Burbank Vice-President Frank Hyatt, M.D. Family Practice San Jose Dear Mr. President: Secretary-Treasurer Philip B. Dreisbach, M.D. Oncology/Hematology Palm Springs ADVISORY BOARD With tremendous disappointment we must report to you that the James Brennan, M.D. Long Beach John Livoni, M.D. California Appeals Court in Los Angeles has refused us the Sacramento James Ford, M.D. opportunity to bury the 17,000 bodies of unborn infants found Downey A.F. Forster, M.D. Long Beach in the Weisberg cargo container in 1982. David Gasman, M.D. Redding Walter Gillogiey, M.D. San Mateo We turn to you for urgent assistance. Allen Kelly, J.D., M.D. Sunnyvale Robert Kelly, M.D. Cupertino William Levonian, M.D. As Commander in Chief, could you offer the use of the National Santa Cruz George Maloof, M.D. San Francisco Cemetery in Arlington, Virginia, for the proper disposal of John J. McGroarty, M.D. Burbank these human remains? This would be well-received by the entire Albert Monterastelli, M.D. Pomona Gerald Navarre, M.D. community which has been outraged at the thought that Los Angeles Westminster Edward Novak, M.D. will become the Dachau ovens of the 80's. Keep in mind that the Redwood City Edward Obeji, M.D. abortion lobby wants the bodies incinerated with the trash---not Long Beach Dale Ritter, M.D. Chico cremated in human dignity. Your offer would be readily welcomed John A. Robertson, M.D. Sierra Madre by the County of Los Angeles and the District Attorney, Robert John Samson, M.D. Long Beach Philibosian. Rafael Solari, M.D. San Francisco John Warburton, M.D. Westminster Leonie Watson, M.D. Richard Watson, M.D. We are prepared to assist you in this urgent matter. God bless San Francisco Harry Weiss, M.D. and keep you. Vista Sincerely, Philip B. Dreisbach, M.D. Secretary PBD:ot POST OFFICE BOX 99, PALM SPRINGS, CA 92263 / PHONE 619/327-5158 C SP P 4900 Y May 5, 1982 WE 003 from ORM Dear Dr. Dreisbach: I have received your letter and I want you to know of the great horror and sadness evoked by the inci- dent you described. When all is said and done, being confronted with the reality of abortion and its consequences removes all trace of doubt and hesitation. The terrible irony about this sudden discovery is not that SO many human lives were legally aborted, but that they are only a tiny proportion of the 1.5 million unborn children quietly destroyed in our nation each year. This is the truth many would rather not face. Your decision to hold a memorial service for these children is most fitting and proper. On such an occasion, we must strengthen our resolve to end this national tragedy. I am hopeful that evidence like that found in California will move those who have thus far preferred silence or inaction and encourage them to agree that something must be done. I have expressed my anticipation that Congress act expeditiously on this matter and approve a measure which will remove this evil, and all its vestiges, from our society. Thank you for writing, and may God bless you in all your efforts. Sincerely, RONALD REACAN A X Philip B. Dreisbach, M.D. Secretary X California Pro Life Medical Association Post Office Box 99 Palm Springs, California 92263 RR: CAD: jm-- $205 7 NL CALIFORNIA PRO LIFE MEDICAL ASSOCIATION President Ronald Reagan February 23, 1982 White House Executive Director Albert Lorincz, M.D. Washington, D.C. Obstetrics/Gynecology Los Gatos President Nancy T. Mullan, M.D. Dear President Reagan: Psychiatry Burbank On February 4, 1982 a storage container was being retrieved Vice-President Frank Hyatt, M.D. from Mal Weisberg's Medical Analytic Laboratories when the winch Family Practice San Jose broke under the heavy weight of the container. When the workmen Vice-Presldent unloaded a few boxes in order to lighten the load, a few boxes Sheila Beirne, M.D. broke open and spilled their contents---small human arms, legs, Internal Medicine Van Nuys and whole bodies. Investigators report that there were more than Secretary-Treasurer 500 small human beings crammed into individual containers and Philip B. Dreisbach, M.D. Oncology/Hematology cardboard boxes. The odor of the opened boxes was so foul and the Palm Springs sight so grotesque that the workmen were physically overwhelmed. ADVISORY BOARD Mel Grussing, district supervisor of Los Angeles County Health James Brennan, M.D. Long Beach Department said, "I've never seen anything like this." William Dignam, M.D. UCLA James Ford, M.D. The Los Angeles County coroner and the health Department are Downey A.F. Forster, M.D. conducting an investigation after they carefully removed all contents Long Beach David Gasman, M.D. from the storage container in Wilmington, California. It is our Redding understanding that more than 500 bodies---some dismembered and some Walter Gillogley, M.D. San Mateo intact---were discovered. The coroner's office plans to release at Allen Kelly, J.D., M.D. Sunnyvale least 31 of the bodies which were very large babies in order that Robert Kelly, M.D. Cupertino we might provide a burial. William Levonian, M.D. Santa Cruz George Maloof, M.D. Enclosed with the bodies were extensive records which provided San Francisco John J. McGroarty, M.D. information about the identity of the bodies, names of doctors, Burbank Albert Monterastelli, M.D. and clinics and pathological results. Some of the bodies came Pomona from abortion mills in Los Angeles such as Inglewood Hospital and Gerald Navarre, M.D. Westminster Planned Parenthood while some came from as far away as Missouri. Edward Novak, M.D. Redwood City The records also disclosed payment from Medi-Cal and computer print Edward Obeji, M.D. Long Beach outs of procedures done for doctors. We are asking that all this Dale Ritter, M.D. information be made public once the investigation is completed. Chico John A. Robertson, M.D. Sierra Madre John Samson, M.D. It is doubtful that the district attorney will be able to Long Beach find any criminal action since, as you know, abortion is legal Rafael Solari, M.D. San Francisco at anytime during pregnancy under the 1973 United States Supreme John Warburton, M.D. Westminster Court ruling. As one Los Angeles reported with a testy voice, Leonie Watson, M.D. Richard Watson, M.D. "I don't see what all the fuss is about. The only problem is that San Francisco the container was opened." Indeed, if the container had not been Harry Weiss, M.D. Vista opened, the public would not have had to confront the horror of hundreds of mutilated victims of the abortion holocaust. Otherwise, the small bodies would have been incinerated with pathological debris or processed through garbage disposal grinders to become part of the sewage system. No body count. No burials. No lamentation. No vision of the human gore---except for this case. POST OFFICE BOX 99, PALM SPRINGS, CA 92263 / PHONE 714/327-5158 CALIFORNIA PRO LIFE MEDICAL ASSOCIATION Executive Director We are cooperating with several public officials and a Coalition Albert Lorincz, M.D. Obstetrics/Gynecology to Bury the Aborted in order to arrange a massive memorial service Los Gatos at a Los Angeles mortuary and cemetery. Until the coroner releases President the bodies (we expect sometime in March), we will be unable to set Nancy T. Mullan. M.D. Psychiatry a definite date. Burbank Vice-President Frank Hyatt. M.D. In behalf of the victims and in behalf of our citizens who plead Family Practice San Jose for the restoration of the most fundamental human right, we request your attendance and participation at the Memorial Service for Vice-President Sheila Beirne, M.D. Abortion Victims in Los Angeles. Internal Medicine Van Nuys Secretary-Treasurer Philip B. Dreisbach, M.D. Oncology/Hematology Palm Springs Sincerely, Philip B. Drustach MD ADVISORY BOARD James Brennan, M.D. Philip B. Dreisbach, M.D. Long Beach William Dignam. M.D. Secretary UCLA James Ford, M.D. Downey PBD:jd A.F. Forster, M.D. Long Beach David Gasman. M.D. Redding Walter Gillogiey. M.D. San Mateo Allen Kelly, J.D., M.D. Sunnyvale Robert Kelly, M.D. Cupertino William Levonian, M.D. Santa Cruz George Maloof. M.D. San Francisco John J. McGroarty. M.D. Burbank Albert Monterastelli. M.D. Pomona Gerald Navarre, M.D. Westminster Edward Novak, M.D. Redwood City Edward Obeji, M.D. Long Beach Date Ritter, M.D. Chico John A. Robertson, M.D. Sierra Madre John Samson, M.D. Long Beach Rafael Solari, M.D. San Francisco John Warburton, M.D Westminster Leonie Watson, M.D. Richard Watson, M.D. San Francisco Harry Weiss, M.D. Vista POST OFFICE BOX 99, PALM SPRINGS, CA 92263 / PHONE 714/327-5158 wads are inadigate to express the Lorm and the shock of the situation you described, till daid is most fitting also of he memorial to service honor these dead and it must strengthen our resolve to end this national tragedy. The markges have been too many. Our efforts must not clase. #2 Torrance Daily Breeze California Sun., Feb. 7, 1982 A10 Officials continue removing fetuses from shipping box Man kill, hurt in Los Angeles County investigators Sat- Workers from the Coroner's Office, the urday continued removing hundreds of Department of Health Services and Dis- human fetuses from a Wilmington shipping trict Attorney's Office sorted through as container and transferring them to the many as 500 fetuses, which were packed Coroner's Office to determine if they had in individual plastic containers and card- been aborted legally. board boxes and jammed into the con- "I can't say there is a violation of the tainer. law until they get through with the The contents were discovered Thursday investigation," said Al Albergate, when a worker became suspicious of the spokesman for county District Attorney foul odor emanating from the container. John K. Van de Kamp. The container had been repossessed The fetuses, as many as 500 of them, from Medical Analytic Laboratories in are being removed for further analysis Santa Monica, a defunct clinic that report- by the Coroner's Office to determine edly was owned by Mel Weisberg of Wood- whether they had been older than 20 weeks, land Hills. The clinic closed last May or the time limit for legal abortions. June. "It's a grueling operation out here," "I think there are several things that said John W. Finken, a senior coroner's are being attempted that have to be investigator, as workers sorted through clarified," said health department official the 20-foot-long metal container at Martin Ralph Lopez. "The most immediate is to Container Service Inc. at 1531 N. Blinn inventory and assess what's actually in St. in Wilmington. there." The Los Angeles Fire Department was The sorting-out process was unsettling called in Saturday afternoon because the to many. fumes from the formaldehyde in which "I've never seen a container like this," the fetuses were packed were over- said Mel Grussing, district supervisor of whelming, Fire Department spokesman the health facilities division of the health Steve Ventura said. department. Amtrak train strikes car; 5 people die COMMERCF (AP) - An Amtrak train recognition. had driven around Klugman said the train nto the-tracks sengers and six crewm ageles of DRAFT/Date 15 April 1982 SPECIAL INSTRUCTIONS: RR/ EJL/ / Enclosures: (Drafter) (Rev. I) (Rev.II) of Other: all brought Dear Dr. Chas Dreisbach: It Tells abotion M has Words cannot adequately express the shock and horror that we feel when we are suddenly confronted by the ugly eonsequences of the prac- tite of abortion among us The evidence recently uncovered in California is merely an accidental addition to the accounts of babies who survive saline procedures, the back-alley practices now carried out in legally- protected clinics, and the recurrent accounts of the psychological damage inflicted on women, and some medical practitioners, who face the results of legalized abortion. I have emphasized that those who oppose this evil in our society must engage in public education about the full nature of abortion. Hearings, such as those conducted in the Senate, cause us to consider the legal humanity of the unborn. Evidence such as that found in California forces us to confront the inhumanity of the results of what is being done. I hope that the Congress will act on some measure to remove this evil from our society, soon. With my prayers and best wishes. Sincerely, RR Torrance Daily Breeze California Mon., Feb. 8, 1982 A3 County, state to join in tracing origin of fetuses By Rex Dalton than 24 weeks pregnant - a point at which a fetus can survive outside the Medical writer womb. County and state agencies will be asked According to the state Penal Code, abor- to join forces in investigating the source tions are not to be performed beyond 20 of hundreds of fetuses in Wilmington, some weeks. However, officials say that law is 30 of which may have been the result of essentially unenforceable because abor- prohibited, late abortions. tions are frequently performed beyond The state Board of Medical Quality the 20th week. Assurance and the county grand jury, The jars holding the fetuses were Health Department and District Attorney's marked with patient names and, in some Office will be requested by County Su- cases, the names of the physicians, giving pervisor Mike Antonovich to investigate investigators indications of the source of events leading to the discovery last the medical waste. Thursday of the medical waste in a ship- Records found in the shipping container ping container. showed the pathological specimens came Antonovich, who oversees the county from doctors and clinics throughout the Health Department, will request the broad state, with some records showing the Santa investigation at Tuesday's Board of Su- Monica clinic did testing for facilities as pervisors meeting. far away as Missouri. The grisly discovery was made after Medi-Cal patients identification records, employes of Martin Container Service Inc. computer printouts of procedures done repossessed the 20-foot-long metal con- for physicians and clinics and records tainer from the home of a Woodland Hills showing pathological results from tests man who once operated a pathological were found in the shipping container. clinic in Santa Monica. Authorities also are investigating The container was repossessed Wednes- whether laws requiring storage of medical day from the home of Mel Weisberg, who records have been violated, since some owned the now-defunct Medical Analytic records are required to be safely kept Laboratories Inc. The clinic closed nearly for five years and many of the documents a year ago. in the container were from 1979 and 1980. Investigators from the Coroner's Office The Coroner's Office has taken posses- and the county Department of Health Ser- sion of the more well-developed fetuses, vices working through the weekend culled and health department authorities are more than 30 well-developed fetuses from guarding the remainder of the waste and the hundreds in the container. records. The fetuses were stored in formalde- Officials of the various agencies met hyde in plastic jars. Also in the container today to review the information they've were various types of medical waste and accumulated todetermine if criminal confidential patient records stacked eight charges are warranted. a student- feet high. At a mimimun, there may be misde- Officials of the Coroner's Office say meanor violations of the state Health and hdar which some of the fetuses apparently are larger Safety Code since recognizable human ) copies. than 4 pounds, indicating abortions may parts are required to be cremated or have been performed on women more buried. hit with calendar of handsome faces go is men's briefs. February (Bill Woodward), and Mr. No- Neiman-Marcus in Ras lothes for Playgirl vember (Greg Smith), all fellow frat port Beach. rival brothers. "You get a bad name. People Gammas were didn't have criticize you." bookstores THE AMERICAN HOLOCAUST "One of the boxes fell out of the container, spilling its contents on the ground. I stared at a large object but couldn't tell what it was. I called my boss to come over and take a look. All of a sudden WA realized with great horror that It was WHO IS RESPONSIBLE FOR THE DOCTOR AS AMERICAN HOLOCAUST IN CALIFORNIA? BEILENSON, Anthony-author of 1967 Abortion Act, abortion advocacy leader in Congress, represents Beverly Hills. HIPPOCRATIC OATH BERMAN, Howard-abortion advocacy leader in Sacramento, rep- resents Beverly Hills. FLEISCHMANN, Norman-former director of LA Planned Parent- hood. I swear by Apollo and Asclepius and Hygleia and WAXMAN, Henry-abortion advocacy leader in Washington, pri- Panaceia and all the gods and goddesses, making them mary advocate for Planned Parenthood, represents Hollywood. my witnesses, that I will fulfill according to my ability and BIRD, Rose-Chief Justice State Supreme Court, coerces unap- judgment this oath and covenant: propriated $ millions for abortionists. I will neither give a deadly drug to anybody if ask- MYERS, Beverlee-Director of California Health Department, Chairman of Guttmacher Institute, distributes more than ed for it, nor will I make a suggestion to this effect. $200 million of state funds to abortionists. Similarly I will not give a woman an abortive remedy. In BURTON, Philip-abortion advocacy leader in Congress, repre- purity and holiness I will guard my life and my art. sents San Francisco. BURTON, John-abortion advocacy leader in Congress, repre- If I fulfill this oath and do not violate it, may it be sents San Francisco. granted to me to enjoy life and art, being honored with BROWN, Edmund "Jerry"-as Governor he budgeted more than fame among all men for all time to come; if I transgress it $300 million for abortionists. ALLRED, Gloria-feminist attorney. and swear falsely, may the opposite of all this be my lot. ALLRED, Edward-abortionist who owns 12 abortion centers, made $12 million in 1980. SIEROTY, Alan-abortion advocacy leader in Sacramento. BELOUS, Leon-early abortion pioneer, pushed cases through the courts to overturn parental authority. GRAHAM, Helen-ZPG, Zero Population Growth lobbyist. CLEVENGER, Norma-Planned Parenthood lobbyist. DOCTOR AS NATIONAL COUNCIL OF JEWISH WOMEN-Julia Gertler, LA president. LEAR, Norman-TV producer, finances abortion advocacy groups. California Medicine AMERICAN CIVIL LIBERTIES UNION-Carol Sobel and Dorothy Lang, defenders of the abortionists. The Western Journal of Medicine CALIFORNIA MEDICAL ASSOCIATION-Martha Gorman, lobby. September 1970, 113, 3 ist for abortion advocacy. Testified against bill to prohibit (Editorial) abortion on viable infants in womb, 1982. MARMET, Joseph-Beverly Hills M.D., abortionist charged with 32 counts of Medi-Cal fraud. The process of eroding the old ethic and substi- "The most merciful thing that the large family does to one of its BALLARD, Charles-directs allarge public funded abortion cen- tuting the new has already begun. It may be seen most infant members is to kill it." Margaret Sanger ter at Los Angeles County-University Southern California clearly in changing attitudes toward human abortion. In Founder of Planned Parenthood Medical Center. defiance of the long held Western ethic of intrinsic and BARKE, Morton-abortionist, owner of Inglewood Hospital abor- tion center, late term abortions. equal value for every human life regardless of its stage, KRINGS, Thomas-director of Los Angeles Regional Family Plan- condition or status, abortion is becoming accepted by ning Council which furmels more than $10 million of public society as moral, right and even necessary. It is worth funds per year to abortion centers. noting that this shift in public attitude has affected the GOLDSMITH-GREENE, Sadja-abortionist and proponent of late term D and E abortion at University of California, San churches, the laws and public policy rather than the C reverse. Since the old ethic has not yet been fully displac- Copyright 1982 Francisco Medical Center. GOLDBERG, Merle-pioneer abortion activist, fugitive from Los ed it has been necessary to separate the idea of abortion Anyone with documentation regarding any person, physician, or Angeles County Indictment for illegal abortions. from the idea of killing, which continues to be socially institution involved with the deliberate killing of innocent human KARMAN, Harvey-illegal abortion pioneer, abortion en- abhorrent. The result has been a curious avoidance of the beings, including the human before birth, the handicapped, the trepreneur. scientific fact, which everyone really knows, that human elderly, or the very sick, contact: CASADY, Nancy-lobbylst for California Abortion Rights League. FEMINIST WOMEN'S HEALTH CENTER-advocales of self- life begins at conception and is continuous whether intra- induced abortion, who received over $1 million for abortions CENTER FOR DOCUMENTATION or extra-uterine until death. The very considerable from Office of Family Planning per year. OF THE AMERICAN HOLOCAUST LEVINE, Mel-abortion advocate In Sacramento, represents semanic gymnastics which are required to rationalize Post Office Box 99 Beverly Hills. abortion as anything but taking a human life would be Palm Springs, California 92263 ABRAMOVITZ, Irving-deceased, manufacturer of abortion tools ludicrous if they were not often put forth under socially and suction machine. Impeccable auspices. It is suggested that this FRAZIN, Rabbi Lester-primary spokesman for abortion advo. cates at Sacramento press conference, January 21, 1982. schizophrenic sort of subterfuge is necessary because CUSHNER, Irvin-abortion advocate, UCLA Medical Center. while a new ethic is being accepted the old one has not STATUS OF WOMEN, COMMISSION-public funded agency that yet been rejected. lobbies for abortion. "dramatic changes In technology and culture make it possible to ensure that every child is a wanted child." California Office of Family Planning. THE WHITE HOUSE WASHINGTON May 5, 1982 Dear Dr. Dreisbach: I have received your letter and I want you to kn of the great horror and sadness evoked by the in dent you described. When all is said and done, being confronted with the reality of abortion an its consequences removes all trace of doubt and hesitation. The terrible irony about this sudde discovery is not that so many human lives were legally aborted, but that they are only a tiny proportion of the 1.5 million unborn children quietly destroyed in our nation each year. This is the truth many would rather not face. (1 lb. 1 oz.), age Your decision to hold a memorial service for the di hand in lower children is most fitting and proper. On such ar occasion, we must strengthen our resolve to end this national tragedy. I am hopeful that evider like that found in California will move those wl have thus far preferred silence or inaction and I have expressed my anticipation that Congress i expeditiously on this matter and approve a measi "It Is not too early for our profession to examine this new ethic (of death control and death solection) and Malcolm Walls, M.D., California Medical Association. encourage them to agree that something must be ( which will remove this evil, and all its vestig from our society. Thank you for writing, and may God bless you in your efforts. Sincerely, Ronald Reagon Philip B. Dreisbach, M.D. Secretary prepare to apply 11 "(1970) California Pro Life Medical Association Post Office Box 99 Palm Springs, California 92263 m (1 lb. 5 oz.), age 821901 Rose Bird, California Supreme Court, Chief Justice: for funded abortion. Whose morality was Imposed on this Individual? Some bables die by chance, none should die by choice fundamental at issue is the right to private procreative "The right choice ** arguing public VWR BABY BOY, Coroner's case #82-1901-42 weight of fragments 420 gm (15 oz.), 4.1 cm (1 5/8 in.) foot length, cause of death: total dismemberment by Dr. Gordon Goei. "dramatic changes in technology and culture make it possible to ensure that every child is a wanted child." California Office of Family Planning. Modern medicine calls this individual POC - product of conception. BABY BOY, Coroner's case #82-1901-4, weight after abortion 480 gm (1 lb. 1 oz.), age 22-27 weeks, cause of death-massive hemorrhaging. Note severed hand in lower left corner. and And said; Hear, you heads of Jacob and rulers of the house of Israel Is It not for you to knowjustice? You who hate the good and love the sell Who tear the skin from off my people and their flesh from off their bones, who eat the flesh of my people and flay their skin from off. them and break their bones In pleces and/chop them to like meats in a kettle, flosh in a caldron. Mican "There are no legal rights of a felus. State Senator Anthony Beilenson, author of 1967 Abortion Art. now a US Congressman Ir. 111 Deverty Hills unnamed, Coroner's case #82-1901-1, weight after abortion 900 gm (2 lbs.), age 27-29 weeks, tth: dismemberment by Dr. Scott Ricke (now doing business in Arizona). THE WHITE HOUSE WASHINGTON May 5, 1982 Dear Dr. Dreisbach: I have received your letter and I want you to know of the great horror and sadness evoked by the inci- dent you described. When all is said and done, being confronted with the reality of abortion and its consequences removes all trace of doubt and hesitation. The terrible irony about this sudden discovery is not that so many human lives were The poor are "a growing number of uneducated people who can become neither worthwhile employees nor legally aborted, but that they are only a tiny proportion of the 1.5 million unborn children quietly destroyed in our nation each year. This customers. Planned Parenthood, Pasadena. is the truth many would rather not face. Your decision to hold a memorial service for these children is most fitting and proper. On such an BABY B( of death occasion, we must strengthen our resolve to end this national tragedy. I am hopeful that evidence like that found in California will move those who have thus far preferred silence or inaction and encourage them to agree that something must be done. I have expressed my anticipation that Congress act expeditiously on this matter and approve: a: measure To show these photos is "A sleary, Ca was "Any legislation (against the legalized killing of the unborn) would pose a serious threat to our Constitutional right to practice our There are (M) legal rights NCJW. National Council Jewish Women/L A. 1981 relapon BABY GIRL, Coroner's case #82-1901-2, weight after abortion 825 gm (1 lb. 13 oz.), age 25-26 weeks, cause of death - salt poisoned by Dr. Gordon Goei. BCH Do: [*** are "a growing mumber " 10004 about customers Planned Parenthood, Pasadena Population control is too important to be stopped by some right wing prolite types Take the new influx of Hispanic unnequants I hope I can do something to stem that Dide - Edward Allred, millionaire abortions BABY BOY, weight after abortion (320 gm - fragments only), age 20-22 weeks, cause of death - total dismemberment by Dr. Gordon Goei. they applied well within need was made to offset the wage loss of a time limit, their applications parent who suffered a nervous break- akenly processed as "late down after learning his child had been THE line' to THE THE 'hard molested. liberals from creating a crime-rid- Venice woman who Most of the others have heard nothing den society are pure hogwash. The beaten by a burglar fought or have been notified only that their conservative states have been hit to have her medical and applications have been received but not harder by crime than have the costs reimbursed. She suf- acted on. progressive ones." He concluded nose and her neck and One family, for example, received a that "the 'lock 'em up' solution severely injured in the attack, letter early this month from the state affords us even less protection and aid caused her to resign from Please see VICTIMS, Page 3 at greater cost than the alterna- tives." President Reagan says, "Ameri- cans are forced to suffer ill effects st of crime because so many of our K- Appeal Court e, political leaders stick to old, dis- credited, liberal illusions about r- crime." Not so. Historian Ysabel ses Rennie points out that historically to Bars Disputed there have been recurring cycles of to of progressively harsher punishment ned of crime. Ultimately, the severity him of the penalties has been relaxed, in Plan to Bury recognition that the harsh mea- CRY sures were not providing adequate eles protection. England at one point prescribed the death penalty for more than 350 16,000 Fetuses kson offenses, many of them trivial ones. if, as The number of capital offenses was ckson finally reduced in response to thou- Le but sands of petitions from shopkeep- By GENE BLAKE, Times Staff Writer lity," ers, manufacturers and bankers, of who urged that "in the interest More than 16,000 fetuses stored by Los Angeles County since they were found in a repossessed rd for public safety, milder punishments shipping bin in 1982 cannot be given burial as human ates is should be imposed." invited Rennie reminds us that those remains, the state Court of Appeal has ruled. The decision was hailed by feminist activists who who disregard the past are con- is defend the free choice of abortions but was decried by by this demned to repeat it. "There hld all nothing more' disconcerting," she anti-abortion groups that wanted to bury the fetuses with funeral services. sk. We says, "than the realization: that For the court to permit burial would show a state ues. what is being proposed now for the MUELS better management of crime and preference for a belief not universally held and would neneme criminals-to get tough, to increase be inappropriate, the court said in an opinion filed late sentences and make them manda- Friday and made public Moaday. tory, and to kill more killers-has and Ruling Reversed America been tried over and over again The decision reversed a ruling by Los Angeles pre drug abandoned as unworkable." Passing harsh laws is politically Superior Court Judge Eli Chernow, who authorized ERMAN popular, and it is emotionally satis- burial of the fetuses in December, 1982. However, the Angeles fying. But we could never outdo fetuses have remained stored while the case has been our ancestors in the administration appealed. / Los Angeles Times of punitive sanctions, and/if they Carol Downer, director of the Los Angeles Feminist unch developed. hore im- did not succeed with the aidof rack, Women's Health Center, which appealed Chernow's a way to thumbscrew and whipping post, ruling with the help of American Civil Liberties Union alers into what makes us imagine that a lawyers, said she was thrilled by the appellate court mandatory fixed sentence will do ruling. WARREN the trick? for "T'm very relieved that the courts are seeing this in Pasadena MAYGENE GIARI the way we do, which is that it's entirely inappropriate Pasadena for the religious forces to enter into this situation, Case Downer said. "Every week we have abortion clinics. Every week we take the tissue cups or fetuses to our local Los Angeles Times crematorium and they are cremated We don't see any Daily Founded Dec. 4,1881 reason why those fetuses would have been treated any differently." concurring that en 1 turned Business and Editorial Offices basis for argument, Decision Denounced que at Bever- Times Mirror Square, Los Angeles California 90063 Phone (213)972-5000 However, the decision was denounced by Janet rprised to see are talking about Dreisbach of Palm Springs, representing the Center for the street. Is Editorial Department (213)972-7900 Clessified Advertising 629-4411 he order (and) Documenting the American Holocaust, research arm of e kind going Display Advertising $72-3000 to the children, the the California Pro-Life Medical Assn. dered. They Clr culation Department 628-2323 added that this did "I'm convinced we'll have to go as far as the U.S. agenta stripe Orange County Offices situation at the Supreme Court with this," Dreisbach said. "These are looked very Nar Zacchino, Editor which was attended and the human remains. For the courts to come down and say reeze. Then I 1376 Sunflower Ave., Costs Meta 92626 media." fre the colors Phone (714) 957-2000 that even in death these living human entities that are two days after now dead can be treated as trash is absolutely contrary Someone put San Diego County Offices bail, was billed as a to the kind of progress we'd like to make in civil The Olympics for the educa- rights." 226 Broadway, Suite 820, Sea Diego 92101 Date Fetherling, Editor embers his family Attorney Paul Freese, president of the local chapter excited. Soon Phone 238-1617 of covering the case of the Catholic League, described the appellate court to be the focal Domestic Bureaus was held after the decision as "lamentable." The Catholic League had Not since 1932, Washington (1875) Eye St., NW. Suite 1100, school where intervened in the case in favor of burying the fetuses. have we played Peachtree Jack St., Neison. N.E.. Sure 105, Adante "The Court of Appeal is misjudging the situation (by Atlanta 30303). Peter J. Boyer. (229 event. People TAPE, Page 3 over the globe, Chicago Chicago 60611). Larry Green. (Advertising Office: (435N Michigan Are Room 1500. Please see FETUSES, Page 3 shopping in our 500N. Michigan Ave.I Lanmer Surte 300. Denver 80202), Square, Denver restaurants. Bill Curry. St: Detroit 482261, Griswold Suite that practically Detroit James Risen W is excited. So Houston 1723 Man St., Suite 10. Houston 77002). 33137). to are planning Rone Tempest. (3000 Bacayne Blvd., Sure 410. Miami Miami tly at the time of Barry Bearak. 408, New York 10017 is say they are New John ork Goldman. (Advertising Surte (P Office 0 Box 65741. 3rd Ave.) congestion and Riverside Riverside 925171. Wesley Sune G Hughes. 200. amento 95814), ot going to any of Sacr William F amento Endicott. Surte chefl. 820. San Diego 92101). my children are San Diego 1225 Broadway. hich seems typi- ration). Mostly I San Term Francisco Goff. LB25 (Advertising Fox Plaza. San Office. Francisco California 1021. St., DanielD Mor an. Tuesday, July 3, 1984/Part II nes npensation FETUSES: Court Exploitation mes and penalties assessed against Prohibits Burial 40 taxpayer money is involved. The of Crime receives the first $20 of every Continued from Page 1 ind about 22% of the state's master making it a religious issue)," Freese said. "We strongly It is regrettable that which supports several criminal disagree." Reagan is using crime as: he victims' restitution fund will Freese said he will ask the court for a rehearing and paign issue (Times, Jun 26 million to $36 million to spend if that fails, will go to the state Supreme Court and the "Reagan Blasts Liberal end against anticipated revenues. U.S. Supreme Court if necessary. Views." Crime is too Berior e process involves verifying that The Feminist Women's Health Center had charged problem to continue to be exploi time victims (a crime report will that allowing the involvement of anti-abortion groups for political advantage. art is not necessary), that they in this case violated the separation of church and state. The President blames liber ce and were not involved in the The appellate court tended to agree by referring to the and that they are California Catholic League in its opinion. and inseudo-intellectuals.com rise and "It is clear from the record that the Catholic League 1970s." Not SO. William G. Nagel, is a religious organization which regards a fetus as a former prison warden, is a leading human being and abortion as murder," wrote Presiding advocate of a moratorium on prison een injured (physically or emo- Justice Arleigh Woods. construction until alternatives to with injury or, until recently, "While this specific belief may well cross sectarian incarceration have been fully de: hen a family member (or person lines, it is a belief not universally held. Consequently veloped. When prison overcrowd- close relationship) was injured to any state action showing a preference for this belief ing began to build up, Nagel decid- Relatives of victims must have will be strictly scrutinized and must be invalidated to rethink his moratorium e victim for support to be eligible unless it is justified by compelling government ed position to see if he had been id. interest. amily member or person with a The court noted that the district attorney's office has mistaken. On the basis of an exhaustive that "all the said it does not intend to commence any criminal prosecution in connection with the fetuses and has no further need of them as evidence. THE TOTAL THE THE THE pronouncements abour emendous, unanticipated Fetal remains of abortions performed at public medical facilities are incinerated without ceremony, liberals from creating a crime-rid- the court added. There is no compelling state interest den society are pure hogwash. The -Fred Buenrostro, to dispose of the fetuses in a private cemetery, it added. conservative states have been hit Director of California's "We perceive that the intended burial ceremony will harder by crime than have the Victims of Crime Program enlist the prestige and power of the state," Woods progressive ones." He concluded wrote. "This is constitutionally forbidden." that "the 'lock 'em up' solution E Concurring were Justices Robert Kingsley and affords us even less protection and KS the victim is eligible for medical Eugene McClosky. at greater cost than the alterna- didn't witness the crime if such The fetuses, preserved in formaldehyde, were found ed necessary to the successful in a repossessed container at the Woodland Hills home tives." President Reagan says, "Ameri- of Malvin Weisberg, owner of a defunct pathology ist cans are forced to suffer ill effects laboratory in Santa Monica. of crime because so many of our End medical expenses must be K- sources of insurance. Persons Weisberg had contracts with various physicians, he, political leaders stick to old, dis- credited, liberal illusions about no thus have no loss of income, clinics and hospitals that provided for pathology 4 ment is covered by Medi-Cal, reports on embryonic and fetal tissues sent to him. The crime." Not SO. Historian Ysabel ses court noted that while he stored the tissue properly, he Rennie points out that historically edical expenses, cannot claim to did not dispose of it, apparently due to financial there have been recurring cycles of m. to difficulties. of progressively harsher punishment ember Board of Control, which ks, must approve the staff's The case became a cause celebre. Several politicians ned of crime. Ultimately, the severity indation. urged a "decent burial" of the fetuses, and even him of the penalties has been relaxed, in President Reagan wrote the California Pro-Life recognition that the harsh mea- Medical Assn., congratulating it on its decision "to hold ERY sures were not providing adequate a memorial service for these children." egory remains ineligible; par- teles protection. England at one point prescribed en do not qualify for anything the death penalty for more than 350 benses. "There is still a gap Visits, Recreation Halted At Prison kson offenses, many of them trivial ones. nitted. "There is no help for ck together." if, as The number of capital offenses was WALPOLE, Mass. (P)-Visitors were barred and District of Columbia and the ckson finally reduced in response to thou- work and recreation programs were canceled at ollowed California's lead in Le but sands of petitions from shopkeep- Massachusetts' only maximum security prison Monday flity," manufacturers and bankers, ation programs. Most of them, after officials used dogs and tear gas to quell a rampage ers, who urged that "in the interest of ns as awareness of the pro- by 400 inmates. Officials did not know what caused the Ird for public safety, milder punishments ng to simplify and streamline incident Sunday night, during which prisoners set fires ates is should be imposed." ests. and broke furniture. it invited Rennie reminds us that those who disregard the past are con- by this demned to repeat it. "There is ild all nothing more' disconcerting," that she EDIT k. We "than the realization; the says, is being proposed now for and ies. UELS what management of crime eneme better criminals-to get tough, to increase sentences and make them manda- and to kill more killers-has and KING merica tory, been tried over and over again re drug abandoned as unworkable." Passing harsh laws is politically ERMAN popular, and it is emotionally satis- outdo Angeles fying. But we could never ancestors in the administration OFF." our of punitive sanctions, and/if rack, they hore im- did not succeed with the aid of a way to thumbscrew and whipping post, alers into what makes us imagine that a mandatory fixed sentence will do WARREN the trick? Pasadena MAYGENE Pasadena GIARI