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.
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.
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.