State can proceed with lawsuit against a Birmingham abortion clinic

May 30, 2013

BIRMINGHAM, Ala. (AP) — The state of Alabama can move ahead with its lawsuit to shut down a Birmingham abortion clinic. Lawyers for individuals and companies linked to the clinic withdrew their motions to dismiss the case during a brief hearing Friday. That means the state's lawsuit goes forward, with the two sides swapping evidence. Circuit Judge Joseph Boohaker set a hearing for Aug. 5 to consider the state health agency's claims that New Women All Women Health Care is operating as an illegal, unregulated abortion clinic. The state sued in March, claiming the clinic is operating illegally despite agreeing to shut down last year after being accused of health violations. Anti-abortion radical Eric Rudolph set off a bomb outside the clinic 15 years ago, killing a Birmingham police officer and severely injuring a nurse.