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Archive for the ‘Kansas abortionists’ Category

One of many Wichita pro-life help centers

A short letter to the editor from an ordinary pro-life citizen has beautifully undermined a celebratory April 3 newspaper story that ran under the headline, “Wichita clinic says provided 1,200 abortions.”

The Wichita Eagle report gushes over what is now called the SouthWind Women’s Center, which opened one year ago amidst nationally-orchestrated fanfare. What did the letter remind us of? That

in only six weeks, just one Wichita pro-life center alone sees 1,200 women! And rather than offer death, it offers true ‘service.’

What is the SouthWind Women’s Center (SWWC) and who is behind it? For starters, it is located in the building that for decades was used by the late George Tiller, internationally known for performing late, late abortions. It most famously included an onsite incinerator for the “human remains.”

And it is now owned by former Tiller lobbyist, Julie Burkhart whose “quest” to reopen the abortion clinic was the subject of numerous sympathetic profiles.

“Patient numbers are right in line with our projections,” Burkhart said, “1,500 patients for reproductive care, including abortions up to 14 weeks. ” A fair question to ask both of the Wichita Eagle and Burkhart is when has any abortion business ever sought a story to proclaim how many abortions it sold?

It could be because Burkhart is trying to reassure her funding base that her business will be successful in the face of yet another annual state report showing a decline in the number of Kansas abortions. As reported in NRL News Today last week, there were 7,479 abortions in 2013–or less than 145 per week, including out-of-state women who came to Kansas for their abortions.

“I feel that in this line of work, with the legislation that’s become law and the political climate, our work at times feels tenuous at best,” Burkhart told the Eagle. “I wish he [Tiller] could be here, I miss him every day. He lives on through our work here.”

Put aside the disturbing idea that someone “lives on” through the death of thousands of unborn babies and recall that SWWC is “flying-in” abortionists because it’s unable to secure local doctors.

Instead consider the letter to the editor that focused on true women’s health care that is being provided for free by at least eight local organizations. The author writes

“Let’s put this in perspective. A Better Choice [a Catholic local help center] sees an average of 200 clients per week. So it [alone] passes the 1,500 mark in seven or eight weeks. …Nobody flies in to assist these women. Local providers – doctors, nurses, counselors, sonogram technicians and volunteers – guide women with unplanned pregnancies to motherhood.”

What a great perspective!

Let’s compare what SWWC sells as women’s health: “OB care” is defined as pregnancy & infertility counseling, pregnancy testing and referrals to local obstetricians. Their “adoption” service is linkage with an Ohio abortion clinic that says it also arranges adoptions.

SWWC’s bread and butter, of course, is the abortion business advertised at $600-$700 each, with a special ‘speedy’ option for another $200. And 1,200 abortions Burkhart claims were obtained in 2013 provide them conservatively with three-quarters of a million dollars in revenue.

Meanwhile, what are the genuinely helpful services available for women in Wichita beyond the essential pregnancy testing and ultrasound services? First of all, the assistance is personal— provided without cost, by professionals and volunteers with no financial stake in the outcome. No “out-of-staters” or phone networking, but real people with a stake in helping local women lacking essential information and support.

A large variety of services are readily available, including

  • Help in establishing medical care for pregnancy;
  • Nutritional assistance;
  • Access to maternity and baby items;
  • Information on adoption and support afterwards;
  • Therapy, including substance abuse and domestic battery issues;
  • Budget and job search training;
  • Education on childbirth and parenting;
  • Mentoring and peer support;
  • Specialized hospice for potentially lethal fetal abnormalities; and
  • After-abortion recovery care.

Kansans are pro-life and resent the re-opening of an abortion business. However the Wichita community is showing its heart, year after year, in providing authentic health care for pregnant women and their families.

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Past Board director enabled Neuhaus

Past Board director, Larry Buening, enabled Neuhaus

The Kansas State Healing Arts Board voted unanimously Friday evening to appeal the March 7 district court ruling overturning its July 2012 license revocation of former abortionist Ann Kristin (Kris) Neuhaus.

After nine-months’ reflection, Judge Franklin R. Theis issued a very pro-abortion ruling, sending the issue back to the Board for “review,” opining that it was wrong to take away Neuhaus’ license.

Neuhaus does not have a current Kansas license to practice medicine, even in a restricted manner, but this ruling allows her to apply for one—though it is exceedingly doubtful the Board would approve it.

Neuhaus lost her license for repeatedly breaking the state rules on medical record-keeping and patient exams. Specifically, she had issued the required ‘validation’ for third-trimester abortions for 11 young teens in 2003 under the claim that the girls would otherwise suffer “irreparable and sustainable” mental harm. (read more here)

Those 11 cases originated in medical files that had been acquired by then-Kansas Attorney General, Phill Kline. Kline had obtained the records in an attempt (thwarted under then-Gov. Kathleen Sebelius and the state Supreme Court) to prosecute the late George Tiller for abusing the law on exceptions to the Kansas ban on post-viability abortions.

Judge Theis ruled, “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.” Instead, he

opined that the Board had, in essence, ‘over-punished’ Neuhaus for “being sloppy,” taking “short cuts,” and showing “inconsistent attention to proper protocols.”

Excuse me, Judge, but not being able to find evidence of the nature of the patient’s problems from Neuhaus’ own scanty notations and checkbox-formatted computer printouts IS the point!

The administrative court opinion (upholding the Board’s complaint) ruled there was no evidence “of any examination nor…of what transpired between the patient and licensee [Neuhaus].” Yet this was supposedly a ‘referral’ by a second, so-called independent, doctor that an abortion was the recommended solution to an irreversible mental health problem.

Obviously, the Board believes it more than ‘made its case’ and will not ‘rethink’ its sanction. In a quickly convened, 22-minute meeting conducted by phone Friday evening (with discussion by the members closed to the public), the Board chose to get Theis’ ruling voided through an appeal to the state court of appeals.

Frankly, the corrupt, past Healing Arts Board Executive Director, Larry Buening, is squarely to blame for Neuhaus, and enabling the illegal abortions of thousands of viable unborn children.

According to 2009 court testimony, Buening helped Wichita abortionist Tiller find a Kansas licensed doctor willing to ‘rubber stamp’ post-viability abortions as being authorized under a mental health exemption. Buening recommended Neuhaus, and helped steer the Board to allow her to keep her license after she had lost federal drug privileges and been found repeatedly unable to properly evaluate, examine, monitor and discharge patients.

But this well-documented pattern of Neuhaus’ inability to do the bare essentials of medical intake was downplayed by Theis. Other errors in this wrong-headed ruling will be further examined in an upcoming post.

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Hodes

Hodes

Carhart

Carhart

A recent expose in the Topeka newspaper about a disreputable and impaired Wichita surgeon lends credence to a perception that doctors can continue to be a danger to the public and yet retain a Kansas medical license.

The Kansas State Board of Healing Arts’ long-held policy is that physicians are a state resource that should be preserved, while balancing that goal against that of protecting patients.

The way the Board handles complaints about their licensees is frustrating. The filer of the complaint to the Board learns nothing of what transpired in the case–even in a general way—unless and until concrete discipline is taken against the physician.

The Board does not even confirm or rebut the facts of the alleged incident(s) sent to them!

This past month, the Board closed complaints from Kansans For Life about two state-licensed abortionists– Herb Hodes and LeRoy Carhart. In neither case did the abortionist receive disciplinary action or loss of license. All we were told is that unspecified “information” was placed in their personnel files.

Our complaint against Hodes focused on a late abortion allegedly initiated by him in Kansas in 2011, after the state’s pain-capable ban on such abortions was in effect. It was based on a direct tip to KFL from the wife of a Missouri physician allegedly involved in the surgical completion of the abortion. In that case, we are left wondering whether an illegal abortion was actually begun in Kansas (to be “resolved” in another state) and whether other similar abortions are occurring.

Our complaint against Carhart involved the death of his patient, Jennifer Morbelli, as well as other women taken from his Maryland clinic by ambulance. Recent legal authority for the Board allows them to examine Kansas-licensees’ actions in other states. Yet we have no clue as to what the Board found. We are left with the impression that the Board believes Carhart is following acceptable standard of care for women obtaining late abortions in Maryland.

We urge that knowledgeable individuals not be discouraged from filing responsible complaints to the Board. After all, the Board did initiate license revocation of George Tiller six months before his death, and later sought and obtained license revocation of his referring abortionist, Kris Neuhaus.

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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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Nauser and Hodes

Nauser and Hodes: court rejects their “lame claim”

The state of Kansas won a summary judgment today in Shawnee County state court, upholding that the Pro-Life Protections Act of 2013 did not violate the Kansas Constitution’s “single subject” rule of legislative construction.

Attorneys for the Center for Women’s Health, the Overland Park offices of father- daughter abortion team Herb Hodes and Traci Nauser, lost a summary judgment from District Judge Rebecca Crotty. The abortionists’ legal team outrageously tried to argue that two sections of the law were unrelated to abortion. Those sections contained language:

  1. from the 1989 U.S. Supreme Court Webster ruling, that unborn children have interests that the state may protect in law, and
  2. expanding the state health department notices of resources available to mothers facing challenging prenatal diagnoses.

The first provision underscores what kind of laws for unborn children are allowed despite the Roe v Wade ruling, and the second prevents women from turning to abortion in frustration or due to ignorance of agencies assisting the disabled.  Abortion attorneys made the lame claim to the court that because the word abortion did not appear in those provisions, they were unrelated to abortion!

KFL State Executive Director, Mary Kay Culp stated:

“This ruling shows how ridiculous it was when the abortion industry tried a few weeks ago to lay the costs of defending this law at our feet when, in the first place, they are the ones who sued the law, and, second, the court agrees today that they did so without cause!”

RELATED FILINGS
Also filed today in Judge Crotty’s court was a formal stipulation from both the state and abortion attorneys, clarifying that women seeking Kansas abortions will receive the state “Woman’s Right to Know” abortion materials–as printed–24 hours prior to abortion, including information that the clinic does not support.

Although abortionists Hodes and Nauser lost round one, the lawsuit as originally filed makes a variety of claims against the constitutionality of the Pro-Life Protections Act and further court filings are expected in state court (read more here).

In June, Hodes and Nauser failed to win a permanent injunction against the Act, but secured a temporary injunction blocking

  • one definition of emergency abortion, and
  • a mandate to place a link to the state informed consent website on the clinic’s homepage.

The latter objection to the state weblink is also the subject of a suit in federal court by Planned Parenthood (read more here and here.)

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Father/daughter abortionists Hodes & Nauser

Traci Nauser & Herb Hodes

The Kansas 2013 Pro-Life Protections Act creates pro-life public policies permissible under U.S. Supreme Court abortion rulings, but that hasn’t stopped abortionists Herb Hodes and Traci Nauser from trying to stop it.

Last week, attorneys for the father-daughter abortion team at the Kansas City-suburban Center for Women’s Health asked the district court to throw out the entire law before their lawsuit goes to trial.  They want a ruling on whether the Act contained more than one subject, violating the rule of statutory construction.

AP’s John Hanna reported on the filing and cites several recent (non-abortion) state court cases that show little support for any success by lawsuits claiming Kansas laws violated the “single subject” mandate.  This is not surprising, as the state’s drafting department is well aware of this requirement and is very careful to advise when proposed legislation might need to be segmented into separate bills.

The Pro-Life Protections Act states that it “concerns abortion” and contains a sex-selection abortion ban, abortion-related tax funding limits, and abortion informed consent provisions. Nevertheless, abortion lawyers call it a “hodgepodge” and specifically—and absurdly –claim that two sections have no relation to abortion because they do not actually use the word ‘abortion’ in the provisions.

The sections they criticize are:

  1. Section 2, asserting the state will protect interests of the unborn child and his/her parents (taken verbatim from the 1989 U.S. Supreme Court Webster ruling), and
  2. Section 9, adopting the 2008 Kennedy-Brownback federal bill to provide enhanced counseling for medically challenging prenatal diagnoses.

The abortion filing desperately tries to convince the court that these two sections wander from the abortion subject by describing Section 2 as a “legislative policy statement concerning the legal status of fertilized eggs” and Section 9 as authorizing “the provision of supportive services to parents and prospective parents of children with disabilities.”

Aside from both sections’ logical connection to abortion, Section 2 uses ‘unborn child’ and Section 9 repeatedly uses ‘prenatal’, yet the court is supposed to accept the abortion attorneys’ claim of irrelevance to abortion?

Section 2 is the backbone for the Act, showing that—even under Roe v Wade—the state has the right to defend the unborn in tort law and to set spending priorities for promoting life. Attorneys for the state defending the Act, assert in their filing that Section 9 provides services to parents of disabled children “in order to promote childbirth and carrying an unborn child to term.”

In testimony supporting the Act, Kansans for Life explained Section 9 as answering the need for the health department to assist families confronting disability diagnoses, in the face of ever-escalating prenatal diagnostic tests that encourage the elimination of individuals with challenging conditions. [As an aside, under Obamacare, prenatal testing, but not counseling, is authorized.]

The shock of certain prenatal diagnoses can too often drive a mother to agree to abortion, especially when ObGyn doctors are themselves not well informed about the medical condition and available services.  Providing more immediate access to information about specialized treatments and community support allows a more fully informed decision to be made by families coping with unexpected news. This is obviously an abortion-related provision, although the counseling services extend past delivery.

It is exceedingly frustrating that the abortion industry can waste court time on such shoddy legal claims and we are glad that both the federal and district courts (in two separate suits, see here and here) have not blocked the entire Pro-Life Protections Act.

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Judge Franklin Theis

Judge Franklin Theis

Today, Shawnee County Judge Franklin Theis heard arguments for and against retaining the July 2012 revocation of the medical license of former abortionist Ann Kristen (Kris) Neuhaus. The judge said his ruling will not be ready for some time.

The complaint from the state Board of Healing Arts is that Neuhaus failed to follow the standard of care in recommending that eleven teens in 2003 were eligible to abort viable babies because continuing the pregnancy caused them to suffer substantial and irreversible mental harm.

At one point, Theis raised a somewhat rhetorical question to Board attorney Kelli Stevens of why the state was not prosecuting for fraud, instead of failed standards.

Stevens urged that while the context of the case was abortion, the issue was not whether these 11 teens were valid candidates for abortion, but whether Neuhaus, as a licensed medical physician, had failed her “duty to make a proper record”. All Kansas physicians must obey this duty in statute:

“keep written medical records which accurately describe the services rendered to the patient, including patient histories, pertinent findings, examination results and test results.”

The pathetic condition of Neuhaus’ files in these eleven cases were shown when, under direct testimony in earlier proceedings, Neuhaus herself couldn’t recollect some of these teens, using all her notes and records. Her attorney today, Kori Trussell, even admitted her records “were not as they should be” but then insisted that it doesn’t mean she did not properly evaluate the mental health of the teens.

Stevens pushed that it is not whether these teens were even medically eligible candidates under the abortion law, but that Neuhaus’ diagnoses are “unsupported.” Her files are inconsistent and some cannot even be reconciled with those of Tiller as to dates and patient profiles, said Stevens.

Kansas legislators in 1998 banned abortions on viable unborn children unless the women faced substantial and irreversible bodily damage (including mental health) as documented by a second independent physician. Legislators had thought that the second physician would bring accountability so that lone abortionists would not be inventing exceptions to the ban.

However, Neuhaus was neither independent nor a psychological expert. Not only was she the exclusive second physician signing off on late-term abortions for now-deceased Wichita-abortionist George Tiller, that was her primary– if not only– salaried job between 2003-2006.

The Board’s revocation had been finalized by Administrative law judge Ed Gaschler and Judge Theis has asked for a directed index of the 3,000 page transcript. The appeal is going forward even though Neuhaus claims she is penniless and cannot afford to pay legal costs.

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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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Kris Neuhaus

The Kansas state Board of Healing Arts will likely never be repaid the $93,000.00 it already spent revoking the medical license of abortionist Kris Neuhaus. And it’s hard to believe the ongoing expenses of the district court and the Board involved in her appeal will ever be reimbursed either.

The protracted medical license revocation action against Neuhaus was based on ‘psych referrals’ she made for 11 teens receiving late-term Wichita abortions in 2003. The Board spent $75,000.00 for expert testimony and review of Neuhaus’ records for those cases, finding that she failed in multiple ways to meet medical standards.

District Judge Franklin Theis is presiding over Neuhaus’ appeal of that revocation, which is in the initial stages. The Board issued its final revocation order July 5, 2012, allowing a delay in repayment, but then asked the court to enforce the Board’s right to require a bond. This was the only time in Theis’ memory, he said, that the Board had asked for a bond in this kind of proceeding.

Abortion attorneys argue Neuhaus is impoverished and would not be able to pay the $93,000.00 “in the foreseeable future.”

They said she could only afford a bond of $100, which Judge Theis said “would be a joke.”

Theis then ruled that Neuhaus merely “sign a statement saying she’ll pay any judgment imposed by the courts.”

Neuhaus was uncovered in 2006 as the sole source of second opinions for abortions performed after viability by George Tiller. Under the law, totally “independent” referrals would give proof that the abortion was needed to prevent irreversible and substantial bodily damage- or death– to the mother. Although Tiller escaped a misdemeanor conviction in March 2009 for repeatedly using Neuhaus’ services, the Healing Board proceeded with license revocation filings for Tiller until his murder in May 2009.

Although the Board has regrettably taken no disciplinary actions against other physician associates of Tiller who also used Neuhaus’ referrals, they did proceed with revocation against Neuhaus –a licensee they twice officially called “a danger to the public” and first began to discipline fifteen years ago. (see Neuhaus Board history here)

Neuhaus has no viable medical practice and for the last few years held a strictly limited license until it was revoked. According to sworn testimony, she has worked at a variety of part time positions including a blood bank, laser hair removal salon and an indigent clinic. Yet, under a “due process” claim, she will continue to eat up Court and Board expenses during an appeal process for which she has virtually no chance of winning.

The awful irony is that the court is bending over backward to give Neuhaus the due process that thousands of children and their mothers were denied in Kansas clinics.

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After over a year of threats by ex-Tiller political operative, Julie Burkhart, to re-establish a Wichita abortion business, the Wichita Eagle reports that Burkhart’s Trust Women group officially owns the old Tiller clinic building.

The Eagle obtained no definitive information about how Burkhart would be using the building, but Kansans for Life had alerted its members September 12th of credible inside information that a Wichita clinic staffed with three non-Kansas abortionists would indeed be opening in January 2013.

If in fact Burkhart does open a business with itinerant abortionists, women will be in much jeopardy. Out-of-state physicians do not have

  • a stake in the community with family ties,
  • a medical reputation to maintain,
  • a permanent real estate investment.

Abortion clinics are notorious for sending abortion-injured women to the hospital without the necessary first-hand information for accurate emergency treatment– apparently what happened in the Tonya Reaves botched abortion death from a Chicago-area Planned Parenthood this July.

This is the reason that a provision requiring local hospital privileges for itinerant abortionists was passed in 2011 as part of the abortion clinic licensure law.  Unfortunately, this law is under injunction and thus not in effect, so the Eagle report is wrong that at least one of Burkhart’s abortionists would have to attain hospital privileges within 30 miles of the clinic.

An abundance of incidents across this nation have documented a variety of schemes with abortionists crossing state lines to take advantage of differing state laws governing abortion. Without a clinic licensure law in effect, the Kansas state health department cannot inspect, restrain, or penalize clinics.

Additionally, the Healing Arts Board cannot discipline a non-resident abortionist who drops his/her license and leaves Kansas.  Even if malpractice has occurred, the Board cannot chase abortionists into other states and force them to return to testify in Kansas, nor can the Board compel information from other state medical boards.  And certainly, personal lawsuits for injury and death on behalf of a woman or her family cannot be filed in other states.

If the information Kansans for Life received is true, the abortionists for the slated new clinic are residents of Missouri, Oklahoma and Nebraska. Nebraska abortionist LeRoy Carhart, a longtime Tiller-associate, still possesses a Kansas license.

Two other former itinerant Tiller abortionists, Shelly Sella and Susan Robinson, did not renew their Kansas medical licenses after Tiller’s murder.  Although this past year, Kansas State Board of Healing Arts did revoke the medical license of Tiller associate, Kris Neuhaus, for repeatedly violating the medical standard of care, they took no actions to discipline Carhart, Sella and Robinson for fraudulent late-term abortions.

Kansans for Life Executive Director, Mary Kay Culp, commented:

“It is tragic Burkhart appears poised to re-engage in destroying unborn children and exploiting women for money, again using out-of-state abortionists who can escape discipline from the Kansas Board of Healing Arts, and not yet subject to our new licensure law due to litigation; Burkhart knows that illegal abortions in Wichita were not penalized, and more recently, Planned Parenthood escaped prosecution when state documents were shredded with impunity–a situation that key legislators are currently investigating.”

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