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"It was like being under siege in America," Bennett says. "I never had problems with picketers and people on the sidewalks, but this was much more than that. It was an incredible experience."

Since FPI won its injunction against Jakubczyk, he has filed malpractice lawsuits against two doctors working at the clinic. One of the cases involves his major abortion malpractice victory, the $6,000 settlement.

The other suit is pending.

The antiabortion movement has evolved since the colorful days of rescues and mass arrests. Because of FACE--the Freedom of Access to Clinic Entrances law, which makes it a federal crime to restrict access to abortions, and carries a prison sentence for first offenses--pro-life groups are looking for new ways to fight the "holocaust" of abortion.

Abortion malpractice litigation is one of those methods.
I'm not saying that John Jakubczyk is using marginal malpractice lawsuits as a political tool against abortion providers. I can't get inside Jakubczyk's head to prove whether that's true, and even if I could, I'm not sure that inside John Jakubczyk's mind is anywhere I'd ever want to be.

No, I've laid out some facts about Mr. Jakubczyk's activities not to prove that he's doing anything illegitimate. I laid out those facts to show that even if he were acting entirely from political motives, so long as he did not announce that from the rooftops, his legal work would be perfectly acceptable.

As long as his abortion malpractice cases met the minimum standard for filing, he could file until the cows came home, even if none of the cases had an ice cube's chance in hell of succeeding.

Remember Mark Crutcher? He's the president of Life Dynamics, the Texas group that's helping attorneys across the country who want to file abortion malpractice cases. He vehemently opposes the right to choose.

His group is providing abortion malpractice attorneys with television commercials to attract clients. The attorneys only have to pay for the voice-over part of the ad, and maybe some graphics changes.

Life Dynamics runs a three-day seminar that teaches alleged malpractice victims how to testify effectively.

Crutcher claims his group has about 600 attorneys now associated with it. There are 500 or so physicians who have agreed to provide expert review of abortion malpractice cases for Life Dynamics, he says. Obviously, when doctors do wrong, there should be a remedy in court for the victims.

But just as obviously, the legal system needs to provide a better remedy for other victims--the victims of unwarranted litigation filed by overeager attorneys.

The Constitution protects the right to choose. The legal system should protect it, too.

Abortion doctors and clinics shouldn't have to suffer the legal equivalents of Super-glued locks and hatcheted roofs just because they provide health care that offends a virulent minority of society.

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John Mecklin