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Archive for the ‘Kansas Abortion Law’ Category

Hon. Thomas Malone

Hon. Thomas Malone

A rotten district court ruling is too hot to handle and the proper court of review doesn’t want to deal with it. Guess why? The revoked medical licensee is an abortionist.

In a technical legal dodge on Friday, the Kansas Court of Appeals ruled that that it is too early for them to review an appeal by the Kansas State Board of Healing Arts in the matter of abortionist Kris Neuhaus.

The Board revoked her license in July 2012, after a six day hearing under State Administrative Law Judge Edward Gashler in which he found that, “the care and treatment of 11 patients [obtaining late-term abortions in 2003] was seriously jeopardized” by Neuhaus. (More posts here, here, here and here)

But that finding was blocked March 7, 2014 by Shawnee District Court Judge Franklin Theis, opining that the Board ‘over-punished’ Neuhaus for “being sloppy,” taking “short cuts,” and showing “inconsistent attention to proper protocols.”

Days later, the Board appealed. Kansas Court of Appeals chief Judge Thomas Malone issued a 2-page order Friday, claiming Theis’ order did not constitute a “final ruling” that they can review and that the Board had not yet reconsidered sanctions –as ordered by the district court.

The Court of Appeals wants the Board to go away and follow Theis’ order—but that order is exactly what the Board wants the higher court to reverse!

The Board is left with 3 legal options:

  1. ask for reconsideration by the same Court of Appeals that doesn’t want to do so,
  2. ask the state Supreme Court for review of the Court of Appeals position,
  3. go back in session to issue a revised sanction of Neuhaus.

Neuhaus’ lawyers found arguably the best activist judge in the state to take review –Shawnee District Court Judge Franklin Theis. Theis’ sympathies were revealed early on, when the state asked for a bond to recoup further court costs from Neuhaus and Theis said the appeal would proceed without any hope of repayment. He later ruled on the abortionist’s behalf, “there is not sufficient proof to support the board’s findings of ‘professional incompetency’…based on Neuhaus’ failure to maintain adequate records to support the diagnosis.”

NEUHAUS’ LONG-TIME INCOMPETENCE
The inability to do proper patient intake was the subject of disciplinary action against Neuhaus from 1999-2001, when the Board labeled her,“a danger to the public.” Unfortunately, the Board allowed her to keep her license, and she used it to rubber-stamp “mental health” exemption referrals –onsite –for George Tiller, enabling him to proceed with post-viability abortions.

Concerning those notorious referrals, Judge Gashler’s decision upholding the revocation included this:
“There is no indication that the Licensee [Neuhaus] on any occasion actually conversed with a patient concerning the items necessary for a competent mental health examination to be completed… In some cases, the patients were, according to the Licensee’s diagnosis, suicidal. Yet, in not one single case did the Licensee make any recommendations that the patient be seen by a psychiatrist, a psychologist, or any other type of mental health worker. The Licensee simply referred each patient for a pregnancy termination.”

The Kansas Board of Healing Arts needs to keep its new-found resolve to discipline dangerous abortionists, and challenge this new Court of Appeals ruling.

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Cheryl Chastine

Cheryl Chastine

Last Friday was the fifth anniversary of the slaying of George Tiller, notorious for performing late abortions up through the ninth month of pregnancy. There were a number of stories lauding Tiller.

We learn from the Wichita Eagle that a joint media conference call from Julie Burkhart, Tiller’s former Political Action Committee (PAC) director, generated the “Tiller legacy” tribute stories at NPR, MSNBC, Wichita Eagle, Salon, and other pro-abortion outlets.

These reports served several purposes: to portray Tiller as a hero, vilify pro-life legislation, and to promote the fledgling South Wind Women’s Center (SWWC) abortion clinic. SWWC is run by Burkhart, using an Illinois fly-in abortionist, Cheryl Chastine.

SWWC is located in the same Wichita, Kansas, building Tiller occupied for decades. Reporters were informed SWWC hopes to expand to Oklahoma City and possibly beyond.

The engine for the “Tiller legacy” media campaign is Burkhart, who ran Tiller’s ProKanDo PAC from 2002 until 2009. The PAC spent over $2.4 million dollars to elect pro-abortion candidates, including former Gov. Kathleen Sebelius (see details here).

After the Kansas State Healing Arts Board initiated legal actions to revoke Tiller’s medical license for violating the Kansas post-viability abortion ban, Burkhart left for St. Louis to head Missouri ProVote, a pro-Obama / pro-abortion political activist coalition.

Within a year of Tiller’s death, Burkhart had created a new group -–the Trust Women PAC– with the mission of stopping pro-life legislation and increasing abortion businesses in the “underserved” Midwest and South.

When the Tiller clinic was still in business in 2009, the Kansas legislature passed additional “Woman’s Right to Know”(WRTK) provisions aimed, in part, at the many women who were being led into late abortions to “resolve” their medically-challenging pregnancy.

The improved WRTK provisions included:

  • where to get free medical help, including perinatal hospice, for grave or lethal fetal conditions, and
  • a mandate that the clinic accommodate women who want to hear the fetal heart tones or see a current sonogram before obtaining an abortion.

This WRTK law requires the state health department to prepare medically-accurate pregnancy and fetal development materials in booklet form and available online, and to maintain a 24 hour phone hotline. Of course, according to Burkhart, this is just another “measure designed to shame and guilt” women, and burden clinics.

WHAT ABORTIONIST CHASTINE TOLD MEDIA
Based on several of her statements recorded in Friday’s Salon article, the 32-year old Chastine seems especially uninformed about Kansas’ WRTK abortion law. She said,
“It feels like there’s a third party in the exam room that doesn’t belong there, and I’m very clear with patients when I tell them that. I tell them, ‘The state wants me to tell you this. They also you to do this.’ I don’t try to hide the intrusion. I make sure that they know so that they can understand how their care is being influenced by unnecessary legislation.”

Chastine is quite emphatic about giving SWWC clients a rebuttal to information that she wrongly believes Kansas law requires her to “tell” abortion clients. But Kansas does not require the abortionist to say anything.

WRTK information was in fact designed as an out-of-clinic resource to both counter misconceptions relayed by abortion personnel as well as remedy a lack of relevant information preventing a woman from a freely formed abortion decision. WRTK laws offer a counterpoint to a rushed, forced, and irrevocable abortion, which is why abortion clinics hate them so.

Salon interviewer Katie McDonough further prods Chastine with this:
“Kansas is passing legislation designed to shame patients and place barriers to access in their way. I’m thinking of the 24 hour waiting period here, which is both intended to be a logistical barrier but also an insult to a patient’s intelligence….You probably see people who have come a long way, who have saved up, who taken off work — and you then have to tell them, “I can’t do this for you today. You have to wait 24 hours…”

To which Chastine responds,
“That’s extremely frustrating… I tell the patients…I trust you as a moral decision-maker, and I’m sorry that the state doesn’t do the same.”

The reality is that Kansas’ 24 hour period of reflection is nothing new. It was passed seventeen years ago. Moreover,  it does not require two onsite clinic visits and, in all likelihood, women don’t make two trips to a Kansas abortionist.

They can call the abortion business, tell them their estimated age of pregnancy, get told via phone or clinic website where to access the state materials, and make one appointment. The fact that pregnant women can stay out of the clinic and contemplate medically accurate materials is to their benefit and to the detriment of the abortion clinic’s bottomline.

A legal Kansas abortion does require the woman to sign a paper that she accessed WRTK info 24 hours before undergoing the abortion. Hopefully, each woman does attentively review the WRTK info (including ultrasound images)—especially those who are young, conflicted about abortion, or being coerced. Past testimony to Kansas legislative committees, as well as letters to the U.S. Supreme Court, have expressed the negative effects upon women who did not recognize the humanity of the unborn until years after experiencing an abortion.

Chastine maintains abortion is a “decision” morally equivalent to delivering a child.
“The people who are having abortions and people who give birth are not different people; they are the same people. And they make both of those decisions with their full moral decision-making capacity and for the same reasons.”

That kind of messaging may impress the SWWC staffers who (we are told) have graduated college with gender or women’s studies degrees. Those viewing everything through a lens of “patriarchal repression” may also agree with Chastine’s opinion that,
“I am very, very terrified of the rollback in access to reproductive healthcare… because the people who suffer from this are the most vulnerable in our society and the most voiceless.”

The rest of us think that the most vulnerable and voiceless are the unborn.

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Rep. Steve Brunk, lead sponsor of Alexa's Law

Rep. Steve Brunk (R-Wichita) lead sponsor, Alexa’s Law

It has been well documented for decades that pregnant women have been attacked and murdered in order to kill their unborn children. The development of abortion-inducing drugs, however, has produced an increasing crime wave of abortion by trickery.

There was nationwide news coverage of the trial and conviction this month of Floridian John Andrew Welden for committing abortion by secretly swapping his pregnant girlfriend’s medication with abortifacient pills that killed their unborn child.

Now comes the indictment of a Kansas man for allegedly sneaking crushed abortion pills into his girlfriend’s pancakes, killing their unborn child.

On Tuesday, the office of Kansas Attorney General Derek Schmidt issued this criminal complaint against Scott Robert Bollig for first degree murder, attempted first degree murder, aggravated battery and distributing adulterated food, causing the death of an unborn child at 8-10 weeks estimated gestation.

Part of the pro-life agenda has been to pass laws that uphold the full humanity of the unborn child, including prosecution for both victims following crimes committed against pregnant women and their unborn children.

The criminal complaint against Bollig is based on just such a law– “Alexa’s Law,”– passed in Kansas in 2007, read more here and here.

Kansas was the 35th state (of now 37) to pass such a law, modeled on the 2003 federal “Unborn Victim of Violence Act” designed by the National Right to Life Committee. (see this NRLC list)

Alexa’s Law protects unborn children from fertilization through full term, while some states have enacted limited protection after viability.

Within six months of passage of Alexa’s Law, two pregnant women and their unborn children were murdered in Kansas, and their murderers convicted under this law. Here are the cases known to Kansans for Life that have since utilized Alexa’s Law for charging and convictions:

  1. Sedale Fox was convicted of two first degree murders for shooting his girlfriend to death and the death of their unborn child on Jan. 8, 2008. Read more here.
  2. Andrew Guerrero was convicted for three murders by shooting, committed on Feb.3, 2008—his ex-wife, her 8-month-old infant and an additional unborn child detected in autopsy. Read more here.
  3. Jason Cott was convicted of two counts of first degree murder for the Jan. 20, 2010 strangulation of his wife and death of their unborn child. Read more here.
  4. Ricardo Barnhart was convicted of two counts of aggravated battery for the beating of his wife and injury to their 38-week gestation unborn child on March 19, 2013; mother and child survived. Read more here.
  5. Richard Bennet was charged with 2 counts of attempted murder for the stabbing of his pregnant ex-girlfriend on June 18, 2013. she and the unborn child survived the attack. Bennet was sentenced to parole on lesser charges after the girlfriend later died in a freak accident before his trial. Read more here.
  6. Bryant Seba has been charged with two counts of first degree murder after he allegedly shot and killed his pregnant neighbor and unborn child on July 24, 2013. Read more here.
  7. Scott Bollig has been charged with first degree murder for the premeditated murder of his unborn child, Jan. 26, 2014; the mother survived, after allegedly being tricked into eating abortion-causing medication. Read more here.

“Alexa’s Law”—a tool enacted to uphold the value of any human victim of crime– is being utilized in crimes of abortion “by deceit” not even envisioned when the law was passed.

Pro-lifers are working diligently on all fronts to overturn the unjustifiable legalization of abortion, including building a cache of laws that recognize the humanity of the unborn and protect the unborn whenever possible.

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KFL logoAbortion-supporting groups continue to complain about the increasing life-protective laws passed in the states, particularly Kansas. The pro-abortion Guttmacher Institute places Kansas as number four in the nation (see map) among pro-life states– even as three of our bills from 2011 are not in effect yet due to delayed court action.

The achievement of strengthening Kansas as a pro-life state is due to the efforts of many, with Kansans for Life taking a leadership role.  For highlights of Kansans for Life 2013 activities, including educational and political action, see here. To donate, go here.

2013 PRO-LIFE LAWS
Gov. Sam Brownback signed three pro-life bills into law in 2013.

Senate Bill 142 ["Civil Rights for the Unborn"] allows lawsuits to be filed in civil court on behalf of the wrongful death of an unborn child at any time in gestation and  prohibits the filing of civil “wrongful birth” or “wrongful life” lawsuits seeking jackpot awards for parents who claim they would have aborted their disabled child had they known the of the condition prenatally. Recently, a jury in the state of Washington awarded $50 million dollars to parents because a laboratory did not detect a genetic defect. Such a lawsuit cannot be filed now in Kansas.

Senate Bill 199 establishes the exciting and first-of-its-kind Midwest Stem Cell Therapy Center at the University of Kansas, to increase the number of clinical grade stem cells available for use in patient treatments. The Center will create education modules for the public and medical personnel and create a global database resource for physicians and patients. Currently the only successful medical stem cell treatments are those using tissue sources such as blood, bone marrow and umbilical cords. The Center bars the use of any fetal or embryonic tissue cells, which are obtained through the destruction of unborn children.

House Bill 2253 ["2013 Pro-Life Protections Act"] was two years in the making, with extremist liberal media whining all along the way. HB 2253

  • strengthens medically accurate information made available prior to abortion from the state health department website;
  • bans all tax-funded payment for abortion,  tax breaks for abortion businesses;
  • forbids abortions for reason of sex-selection; and
  • declares that state public policy and budget priorities will reflect the fact that human life begins at conception, subject to U.S. Supreme Court rulings.

Planned Parenthood and the abortion clinic of Herb Hodes and Traci Nauser (both in Overland Park) have sued to block HB 2253’s new requirement that abortion clinics feature a link to state abortion information on the clinic’s website homepage. In addition, after failing to secure a legal injunction against the entire HB 2253, Hodes/Nauser attorneys did secure a block on one small provision in HB 2253 defining medical emergencies.

As usual, unable to win in the realm of public opinion, abortion interests run to the courts, hoping they will land activist judges to freeze laws from going into effect. That strategy did not work well for them this year.

The office of Attorney General Derek Schmidt is managing the defense teams for all challenged pro-life laws. We expect resolution in our favor, although the pace has been especially slow on the three lawsuits filed in 2011.

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baby money (2)Yesterday’s national abortion story was the periodic report/complaint about the high legal expenses the state of Kansas has incurred in defending the constitutionality of four pro-life laws.  Under the title, “Kansas Abortion Lawsuits Cost $913K,” AP’s John Hanna writes, “Kansas has paid more than $913,000 to two private law firms that are helping the state defend anti-abortion laws enacted since conservative Republican Gov. Sam Brownback took office, and such expenses appear likely to grow.”

The reality is, that after the U.S. Supreme Court Roe decision legalized abortion, every state law trying to regulate abortion– no matter how carefully crafted– is subject to court challenges.  Of our seven recent pro-life laws, four have been sued. We expect to prevail, but court action moves slowly, sometimes at a snail’s pace.

Lengthy, and even patently ludicrous, legal arguments that our opponents propose in litigation must be answered.

The first recent Kansas pro-life law that went to court was our 2011 law ending coverage for elective abortion as part of standard private health insurance. This was a law that had already been on the books in other states for decades, yet the ACLU and Kansas N.O.W. insisted on filing a challenge. We WON, but with a legal defense cost of $149,000.

Defense expenses Kansas has paid to two outside law firms for three other ongoing pro-life cases include:

  1. $126,000 for two challenges to the 2013 Pro-Life Protections Act;
  2. $386,000 for the Title X budget case with an initial ruling favoring Planned Parenthood, and now under appeal;
  3. $252,000 for defense of the 2011 law establishing minimum abortion clinic safety and sanitary regulations, including a ban on webcam abortions.

Kansas’ 2013 comprehensive Pro-Life Protections Act is in the initial stages of two suits, one brought in federal court by Planned Parenthood and the other in state court by the Center for Women’s Health. Both clinics have so far only gained a temporary block on two minuscule provisions, instead of stopping the entire law. Our state defense attorneys have had to rebut a multitude of claims, including:

  • misrepresentations about how the law was passed,
  • ridiculous assertions about abortion–related topics,
  • opposition to a states’ rights position the U.S. Supreme Court approved 25 years ago, and
  • complaints about informed consent provisions that clinics have already complied with for years!

The Title X case should have been the national abortion story …how Planned Parenthood is propping up two of its financially failing clinics with approximately $400,000 in tax money that it is not properly eligible for!

Explanation?  Planned Parenthood sued the 2011 Kansas budget provision that requires Title X federal family planning money go to full service health facilities that best serve the indigent. District court Judge Thomas Marten ruled in Planned Parenthood’s favor, and –without proper authority– ordered funding of Title X money for their “feeder”clinics in Hays and Wichita that were losing  nearly one quarter million dollars annually.

And while Kansas has waited over a year for an overturning of that ruling from the Tenth Circuit Court of Appeals, we are compelled to keep sending non-recoverable money to Planned Parenthood while also keeping lawyers busy battling this ruling.  It is a steep price, but the end result is important for Kansas’ state sovereignty as well as for other states with similar laws.

Then there’s the lawsuit fighting our 2011 clinic regulation bill which, outside the webcam ban, largely imitates the South Carolina version that the U.S. Supreme Court let stand twenty years ago.  The case is creeping along in state court.

That fact that our pro-life Attorney General, Derek Schmidt, pays for the assistance of two private law firms does not “offend good financial stewardship” as complained by Planned Parenthood’s CEO, Peter Brownlie.  Mary Kay Culp, executive director of Kansans for Life observes that, for our opponents to complain about the cost expended on lawsuits they filed, is ridiculous!

It is appreciated that our AG sought highly qualified defense firms.  State AG offices aren’t generally populated by attorneys with abortion expertise—and as our readers know—the rules for abortion seem to be different than for every other field.

States that pass pro-life laws only to have their AG undermine the defense of such laws are truly in a bind. Thankfully, Kansas is not now in that spot, as we were when former Gov. Kathleen Sebelius’ hand-picked, pro-abortion Attorney General Steve Six failed to properly prosecute George Tiller for violating late-term abortion statutes.

When it comes to passing life-protective laws, logic and public support cannot protect them from costly litigation, but the price is worth paying.

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Federal Judge Kathyrn Vratil

Federal Judge
Kathryn Vratil

Six weeks ago, Kansans for Life characterized the Planned Parenthood lawsuit against the newly-passed Pro-Life Protections Act as “a desperate move to appease its base in the wake of increased pro-life laws that reflect the will of the people but jeopardize the bottom line of abortion businesses.”

Developments in the court of Federal Judge Kathryn Vratil show that KFL was right–the filing was not justified, just grandstanding and Planned Parenthood is now withdrawing two-thirds of its lawsuit’s complaints!

In a 20-minute phone conference Monday afternoon with Judge Vratil, attorneys for Comprehensive Health/Planned Parenthood of Overland Park confirmed that they are amending their original filing to:

  1. withdraw opposition to the statement “abortion terminates the life of a whole, separate, unique, living human being”;
  2. withdraw opposition to the information about the pain-capability of the unborn child; but
  3. retain opposition to a requirement that each clinic’s online home page feature a hyperlink to the state’s informed consent website.

Planned Parenthood’s “backpedaling” amendments will be filed formally on Wednesday and the state of Kansas defense attorneys plan to accept them. A hearing before Judge Vratil on the hyperlink issue will happen later this fall.

In the meantime, the entire Pro-Life Protections Act has gone into effect except the hyperlink mandate and one medical emergency definition, both of which were temporarily enjoined by Shawnee County District Judge Rebecca Crotty. Judge Vratil has acknowledged that Judge Crotty’s injunction is in effect– the result of a separate lawsuit filed in state court by the Overland Park Center for Women’s Health (owned by abortionists Herb Hodes and Traci Nauser).

During the two years of hearings for the Pro-Life Protections Act, abortion supporters maligned it as ‘sweeping’, ‘extremist’, ‘a mandate that abortionists lie to women’, and ‘support for obstetricians to trick women into birthing disabled children’.  They wailed about provisions of the Act that removed tax-funding for abortion training, ended tax benefits for abortionists and restricted abortionists from teaching classroom sex-ed. They huffed and puffed about language the U.S. Supreme Court approved in 1989 that human life begins at fertilization.

Yet now we see that their ONLY legal complaint (other than a hyper-technical misinterpretation of one of the medical emergency definitions) is that they must acknowledge the scientific accuracy of the state health department’s informed consent website –a website to which abortion clinics have voluntarily linked for years!

Abortion businesses are a commercial enterprise subject to government regulation.  It is an extremely weak argument they put forth (in both federal and state court) that their “free speech” rights are being violated when required to label the state information in the hyperlink as medically accurate.

We expect Kansas to win both the federal and state lawsuits, but it’s a shame that tax payers have to pay to defend good, protective legislation from abortion business nuisance suits.

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District Judge Rebecca Crotty

District Judge Rebecca Crotty

Nearly 99 % of the Kansas Pro-life Protections Act, HB 2253, will go into effect on Monday after the Center for Women’s Health (CWH) in Overland Park failed to get the entire law enjoined in state court.

Two minor provisions have been blocked while the case proceeds under Shawnee District Judge Rebecca Crotty. Judge Crotty ruled that CWH had not met the legal standard for winning a restraining order against the entire law –even though they had submitted an “everything but the kitchen sink” legal filing.

What will not go into effect from HB 2253 is

  1. a specific medical emergency definition already in Kansas statute that needs clarification for abortions before 22 weeks gestation, and
  2. a new requirement that the clinic website’s homepage put a descriptive label on a hyperlink to the state’s right to know website .

Neither provision is substantive and clarification of the definition can easily be remedied.

As to the hyperlink, Kansas abortion clinic websites have long included the state link, but object to the labeling of the state information as medically accurate. The U.S. Supreme Court , in its 1992 Casey ruling, established the state’s right to force clinics to provide access to scientifically accurate information prepared by the state concerning gestational development and medical risks of abortion since women had routinely been given misinformation, including that their unborn child was “only a clump of cells.”

In related litigation, another clinic is suing HB 2253. Comprehensive Health/Planned Parenthood of Kansas Mid-Missouri last week filed in federal court to obtain an injunction against section 14 of the law, which governs the state-prepared informed consent. Their legal filing also objects to the hyperlink labeled as medically accurate, as well as the information about the pain capability of the unborn child at 22 weeks gestation, and the sentence “abortion terminates the life of a whole, separate, unique, living human being.”

Kansas City federal judge Kathryn Vratil denied Planned Parenthood an immediate injunction on Wednesday but the matter is not closed, with another hearing scheduled for July 29.

CWH is the medical office of Overland Park abortionists, Herbert Hodes and daughter Traci Nauser, who sued to block implementation of the 2011 Kansas abortion clinic licensure law.

In the new suit against HB 2253, they assert that they are motivated by their Jewish religion to perform abortions. They also complain that the law

  • wrongly states pregnancy begins at conception;
  • unfairly bans funding for abortion, ends tax breaks for abortion businesses, and protects pro-life entities from retaliation; and
  • prevents abortionists from attending school functions or from volunteering. [This is a misstatement of the provision that prevents school sex-ed classes from using abortion staff and their materials, which is a law that Missouri enacted several years ago]

Although Kansas taxpayers must now defend this law in court, during that time almost the entire law will be in effect.  We are confident of prevailing against baseless clinic objections and are relieved that the court limited intervention to two very minor issues.

UPDATE: ABORTION LAWSUITS vs KANSAS
The state Attorney General’s Office has promised to “rigorously defend” HB 2253, assisted by the same law firm utilized in three other suits filed against pro-life laws enacted in 2011.

In the first case, Kansas won a challenge from the ACLU against the law banning private insurance from automatic coverage of elective abortion.

The second suit, opposing the state’s selection of full service public clinics and hospitals for Title X grants, is on appeal, awaiting a long-overdue ruling from the Tenth Circuit. In the meantime, taxpayers have been forced to send $343,000 to Planned Parenthood and the now-defunct Dodge City Family Planning Clinic.

The third suit, in which CWH blocked the long-sought state law regulating  abortion clinics, is moving at a snail’s pace.

Unfortunately, the abortion industry refuses to accept the democratic process of lawmaking, insisting on searching out activist courts in hope of undoing abortion regulation.

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Spina bifida corrected before birth on Samuel Armas, 1999F surgery

1999: Spina bifida surgically corrected on as-yet-unborn baby, Samuel Armas,whose hand grasps the surgeon’s finger. (Photo by Michael Clancy)

Infant pain capability is now so well established and studied that the specialty of pediatric anesthesiology has evolved to help tiny babies tolerate surgical interventions.

Consider how mainstream medicine acknowledges that newborns (including preemies) feel pain: circumcisions are now routinely performed after topical numbing and the World Health Organization recommends pain relief for the mandatory “heel sticks” drawing the child’s blood after delivery.

Medical researchers continue to test and analyze the kinds of pain-techniques that are most beneficial on tiny patients, leading to the increased surgical successes on children before and after birth. (Read about the photo here and here and developments in spina bifida here.)

In fact, science now knows that

between 20-30 weeks gestation, the highest density of pain receptors per square inch of skin develop in the unborn–five times the pain sensitivity that any child or adult will ever be capable of.

However, the developing unborn child has not developed the mechanisms needed to modulate and tone down pain, because that “pain-dampening” development occurs around 40 weeks gestation (term delivery) –and afterword!

Only the abortion industry wants to perpetuate the myth that unborn children are non-feeling and impervious to the experience of being dismembered. One wonders whether abortionists and their staff personally reject anesthesia for their own newborns and preemies that undergo medical procedures?

PAIN-CAPABLE LEGISLATION
The National Right to Life Committee (NRLC) led the charge to end partial-birth abortions –a gruesome method used on a child exiting the birth canal. In NRLCs overall plan to systematically dismantle the U.S. Supreme Court’s enduring support for abortion, they have crafted legislation presenting evidence that unborn children feel pain.

Kansas is one of the few states banning abortions at 22 weeks gestation (20 weeks post-fertilization) due to the recognized pain-capability of the unborn. While legal injunctions to the Idaho, Georgia and Arizona pain-capable laws have predictably been secured, we hope that state appeals of those decisions will be taken up for review by the U.S. Supreme Court.

HR 1797 is a federal bill, spearheaded by NRLC, that would ban elective abortions at 20 weeks fetal age, due to pain-capability. The measure is co-sponsored by all four members of the Kansas delegation to the U.S. House  and by both Kansas U.S Senators in a companion bill. The House Judiciary Committee could vote on the bill before mid-June, with action by the full House any time thereafter. For more details, go here.

The issue of whether aborted children could experience the pain of abortion had not been a specific consideration in the 1973 Roe v Wade ruling. In that era, surgery for preemies, infants and toddlers relied on taping the child to the surgical table to immobilize the body so that the needed procedure could be performed!

Can our country– where hospitals seek the best way to protect newborns from the pain of a needle prick –continue to allow the horrific dismemberment of pain-feeling children inside abortion clinics?

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fetal pain sign (2)Kermit Gosnell was convicted of murder, supported by photographic evidence of preterm babies with deep gashes to the neck, applied with sharp scissors.  Gosnell’s associate called the method of their demise “a beheading”.

Fox News reporter and seasoned litigator Megyn Kelly, 6 months pregnant, admitted how hard it was to force herself to look at the photos. Any decent person would get the shivers imagining how such a slashing might feel—particularly on the tender bodies of tiny children.

However, an even more chilling component exists, as revealed in scientific studies developed over the past three decades: that unborn children are “wired” to feel pain MORE intensely than any child or adult ever can!

This is due to the physiology of the pre-term child, reported Emory University professor/ pediatric intensive care physician, Dr. Jean Wright to Congress,“the fibers and structures needed to feel pain are present but the mechanisms needed to modulate and tone down the response are poorly developed.”

“The highest density of pain receptors per square inch of skin in human development occurs in utero from 20-30 weeks gestation,” testified Prof. Kanwaljeet Anand to Congress, based in part on his  seminal work, first published in1987. Anand explains,

“the process of…surgical incision into the fetal cranium / upper neck of the fetus will result in prolonged and intense pain… more intense than [that of] older infants, children or adults to a similar injury.”

Thus, the stabbing of those babies at the Gosnell clinic is more horrific than can be imagined.

Abortion was legalized without the scientific knowledge that pre-term children not only can feel pain, but feel it more excruciatingly; massive medical documentation can be found at  www.doctorsonfetalpain.org. National Right to Life developed a strategy to pass legislation that will reach the Supreme Court and confront the justices with this additional concept.  This allows states to show the High Court that civilized people want abortion banned at least at the stage when children can acutely feel the torture of abortion.
         
Kansas passed the Pain-Capable Unborn Child Protection Act in 2011, after we informed legislators that the issue of whether aborted children could experience the pain of abortion had not been a consideration of the 1973 Roe v Wade ruling.

At that time, surgery for preemies, infants and toddlers relied on taping the child to the surgical table to immobilize the body so that the needed procedure could be performed! Ill children were considered too frail to tolerate anesthesia, and there was insufficient data on how, and in what amounts, successful pain relief could be administered.

That medical era changed in the 1980s with increasing studies showing the hormonal and cardio-resuscitory responses of unborn children to painful stimuli. With this new knowledge, the specialties of pediatric surgery and pediatric anesthesiology developed, as well as NICU units with special protocols acknowledging the hypersensitivities of preemies.

Physicians now know how to detect and treat pain in the tiniest of patients. In fact, due to advances in pediatric anesthesia techniques, unborn children can be removed temporarily from the womb, endure surgical repair, and be returned to finish gestation.

With some limited coverage by the mainstream media of Gosnell’s vicious murder of pre-term children born alive, the general public has now been awakened. It would be a silver lining if the same public who feel pity for Gosnell’s tiny victims, allow themselves to actively reflect upon the acute pain-capability of the children destroyed during abortion.

The time is ripe for passage of a federal Pain-Capable Unborn Child Protection Act. Read more in key articles here, here, and here.

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welcome kansas (2)KDHE, the state health department, released preliminary annual data on abortions performed in Kansas, showing a 5.4 % decrease overall from 7, 885  in 2011 to  7,457 abortions in 2012.  This is  the lowest state total since 1987, two years after all abortion providers were legally mandated to report.  The total was divided between 3,661 obtained by residents and 3,796 by non-residents.

143 women were certified for abortion at Kansas clinics this year and did not return to obtain the procedure, compared to 182 in 2011. KDHE does not collect reasons for these “no-returns.” Kansas requires “Woman’s Right to Know” (WRTK) informed consent materials be accessed 24 hours prior to abortion, whether received from the abortion clinic at her initial visit, or through the state hotline, or just by viewing online at http://www.womansrighttoknow.org.

It is not unreasonable to surmise that the WRTK materials both contribute to “no-returns” as well as deter some women from ever entering a clinic.  A woman contemplating abortion may fear a lack of support for her pregnancy needs, or be responding to subtle or overt pressure from her family or the father of the child.  In the WRTK info, she finds:

  1. fetal development explanations with high definition real-time sonography;
  2. a directory of statewide locations for free individual ultrasounds and 80 pregnancy maintenance centers;
  3. links to assistance for medically-challenging pregnancies;
  4. warnings that coerced abortions are illegal.

OTHER STATS:
All categories saw a decrease except “RU486″ abortions by pill, which rose from 20% to 30% of total Kansas abortions. This rate exceeds the 2012 CDC chemical abortion national average of 17.4%. Kansas enacted a ban on chemical abortion obtained “by webcam” in the 2011 clinic regulation law, which is not in effect due to litigation.

Two-parent consent for abortions to minors under age 18 became law in July 2011.  KDHE did not publish the number of requests for judicial bypass (waiver of parental consent). Abortions to minors continue to decline, with those obtained by minors numbering 331 in 2011 and 304 in 2012.  Abortions to girls age 15 and under declined from 32 in 2011 to 25 in 2012.

Since July 2011, Kansas bans abortions to pain-capable unborn children at 22 weeks gestation, and KDHE reports 3 Kansas women obtained out-state abortions past 22 weeks gestation, compared with 8 in 2011 (before and after the new law).

Continuing a two-year trend, more abortions in Kansas are obtained by non-residents than residents. In 2011, non-resident abortions exceeded resident by 3,939 to 3,912, in 2012 by 3,796 to 3,661. 97% of the non-residents are from Missouri, a consistent figure, as 2 of 3 Kansas abortion providers  are located in the Kansas City KS/MO metro area.

There were 5 reports of abuse or neglect collected in conjunction with these abortions (4 in 2011) but no further details on resolution of these matters are published.

HB 2253, the Pro-Life Protections Act, has passed the House and awaits Senate action next week. Relevant to informed consent, HB 2253 will:

  • add clarifying language to the coercion warnings that must be posted inside abortion clinics;
  • maintain modest, medically-based risk discussion in WRTK materials about abortion, pre-term birth and breast cancer;
  • require KDHE to beef up medical information access and community support connections for coping with pre- and post-natally-diagnosed disabilities.

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