NOW President Applauds Release of Wrongfully Imprisoned Abortion Provider, Says Case Underscores the Need For Judicial Justice

March 1, 2002

Statement of NOW President Kim Gandy

Dr. James Pendergraft's pending release from prison is a victory for abortion rights in Florida and for women's rights everywhere. On February 27, Eleventh Circuit Court of Appeals Judges Tjoflat, Roney and Cox issued an order for the immediate release of Dr. Pendergraft and his associate, Michael Spielvogel, from custody at federal prison in Atlanta. NOW commends the Eleventh Circuit for ordering the release of a doctor whose only crime seems to have been providing abortions in a conservative county. The charges against him were based on the flimsiest of evidence and appear to be just another attempt to limit reproductive health services in the state.

In an unprecedented attack on abortion rights in early 2001, Dr. Pendergraft was slapped with unjust federal charges of extortion, tried and put behind bars. The outrageous criminal charges against Dr. Pendergraft and his subsequent imprisonment are a compelling example of why women do not have access to abortion services in more than 85 percent of U.S. counties. Plain and simple, doctors are afraid of what will happen to them if they provide abortions.

Both the imprisonment and release of Dr. Pendergraft underscore the need for fair judges and prosecutors at every level of the judicial system. NOW's Judicial Justice Project is keeping a close eye on Bush's nominees to the federal courts. We're also mobilizing activists to demand that their senators only vote to confirm nominees who will rule with fairness and to firmly oppose those who seek to promote their ultraconservative agendas.

Bush nominees, if confirmed, will serve for life. They'll be on the bench for decades after Bush leaves office. If Bush and his right-wing cronies in the Senate have their way, every federal circuit will be dominated by right-wing judges. And with all the circuits in conservative alignment, fewer cases will make it to the Supreme Court. We need justices committed to justice for women, not ideologues committed to turning back the clock.

If any of Bush's rabid anti-abortion nominees had heard Pendergraft's appeal, this courageous advocate for reproductive rights might still be languishing in prison. NOW activists are demanding that their senators uphold justice by ensuring that no right-wing nominees gain lifetime positions on the bench.

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