They found success five years ago when the justices, in a 5-4 ruling, upheld a federal ban on a controversial late-term procedure, rejecting concerns the law didn't take into account the physical safety of the woman.

CNN: Four decades after Roe: A legacy of law and morality

Prosecutors say Dr Gosnell profited greatly from employing low-paid, unlicensed staff, while performing as many as 1, 000 abortions a year, charging from several hundred dollars for an early abortion to several thousand for a three-day long, late-term procedure.

BBC: Philadelphia abortion doctor tried on 'baby murder' case

He argued that hospitals have no incentive to report "never events" because they may have to reimburse the cost of the procedure to the NHS as well as paying for the patients' long-term care.

BBC: Hospitals reveal 750 'should never happen' blunders

But the prosecutor can ask to have the term extended, or he can charge criminal contempt, which would involve a sentencing procedure.

NPR: Revisiting Judith Miller

In his first term, Mr Menem packed the Supreme Court, and pushed through a new code on penal procedure that allowed him to name more than 50 senior judges and prosecutors.

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