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WRTKIn 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–Planned Parenthood has sued section 14 of the  Kansas 2013 Pro-Life Protections Act, claiming it violates first and fourteenth amendment rights to free speech and abortion access.

The press release from Planned Parenthood today, announcing the lawsuit, attacks the validity of state supervision of abortion clinic information as unwarranted legislation.  However, the Pro-life Protection Act is a response to the notorious omissions by clinics when it comes to abortion harms and the true gestational development of unborn children. The women considering abortion should be afforded all accurate data and they are the ones harmed by today’s litigation.

The money taxpayers are forced to use to defend all of the Constitutionally-sound Kansas pro-life laws are a result of the abortion clinics’ greed. This is the fourth challenge to Kansas pro-life laws, Kansas:

  •  won the suit against the abortion insurance law;
  • awaits a ruling  on appeal to the Tenth Circuit Court of Appeals on the 2011 Title X funding law;
  • is enduring an ongoing state court lawsuit opposing state health department oversight of abortion clinics, which–by precedent in other states– is a meritless suit.

We are confident that Kansas will prevail in these suits and the one filed today. Kansas should strongly oppose any injunction or potential consent order that would censor those few lines of information, and force the reprinting of the state Right-to Know booklets.

The Court should refuse the injunction sought by Planned Parenthood, based on several court rulings, notably the 1992 Casey ruling by the U.S. Supreme Court. In that ruling, women were guaranteed abortion informed consent materials supplied by the state, and

the Court denied abortionists’ right of free speech was infringed as they could disavow any or all of the states’ content.

For example, the website for the Aid for Women KCK clinic has bashed the content of the Right to Know materials for many years; for just one example here, currently on the clinic’s ’24 hour consent’ page is this bullet point disputing the state info:
• 12. WE MUST UNTRUTHFULLY TELL YOU (KSA 65-6709(b)(5)) – “The abortion will terminate the life of a whole, separate, unique, living human being.” This is untruthful because the fetus is quite dependent upon, not separate from, the maternal placental oxygen and nutrient acquisition and kidney’s waste disposal. The word “whole” implies “complete” but the fetus is not truly completed until birth. Also, cancer is unique, human and living, yet not deserving of life.”

Yes, this clinic equates an unborn child with cancer, which would be laughable were it not so tragic.  The point the Casey Court made 21 years ago is that the state has a right to issue medically accurate data, and the abortionist can refute it–as this clinic does.

INFORMED CONSENT

  • Under the Kansas Woman’s Right to Know statutes of 1997, women seeking abortion must be given informational materials relating to the abortion procedure and risks .
  • The information is available in printed form and online.
  • The informed consent information is prepared by the Kansas state department of health (KDHE) and is medically accurate information the woman deserves,  in accordance with abortion court rulings.
  • The woman must sign a paper in the abortionists’ office that she “accessed” this info 24 hours prior to the performance of the abortion. The abortionist is never required to quiz her about the content, or ‘tell” the woman anything from the materials.
  • Section 14 merely copies into statute the agency information that women seeking Kansas abortions have been reading for years.

COMPLAINTS REBUTTED
Specifically, Planned Parenthood complains about 3 items in section 14:

  1. The mandate to have a hyperlink to the state website on the abortion informed consent section of the clinic website.
    REBUT: Two of the three KC area clinics , including Planned Parenthood, have already included this link for a long time, and the third clinic has done so inconsistently. We are not aware of the website for the new Wichita clinic.
  2. The sentence “Abortion terminates the life of a whole, separate, unique living human being.”
    REBUT: This sentence was found medically accurate by the 8th Circuit Court of Appeals. This sentence is one line in many pages of the Kansas Right to Know materials, and has been part of materials for years.
  3. The information that unborn children of 22 weeks gestational age feel pain. The clinic claims it is irrelevant as they do no abortions at this stage.
    REBUT. Abortions at 22 weeks gestation are banned under Kansas law, with limited exceptions, but it is certainly relevant for a woman to consider whether her abortion at 21.6 weeks– or 18 weeks or less –may be inflicting some pain on her child. Again this information has been in the state materials for 2 years.

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BleedingKansas (2)“Bleeding Kansas” was the moniker for our state during the mid-nineteenth century when guerrilla warfare raged between forces for and against slavery, until Kansas was accepted into the Union as a slave-free state in 1861.  That disposition not to yield to evil is seen in the Wichita community’s reaction to the announced opening of a new abortion clinic at the location of the infamous late-term clinic of George Tiller.

Since the death of Tiller in May 2009, a national push to re-open his abortion clinic has been led by the abortion advocacy group, Trust Women, headed by Julie Burkhart.  Burkhart was a Tiller employee who ran his PAC (political action committee) from 2002-2009.

Yesterday, the Associated Press covered Burkhart’s announcement that the South Wind Women’s Center (SWWC) is “expected to open in the next few months with one full-time and two part-time doctors amid heightened security and community outreach efforts.”  SWWC “will offer prenatal, obstetrical and gynecological health care services as well as abortions” and “has contracted with the doctors and has hired most of the other nine or ten people it plans to employ.”

Interestingly, no physician names were divulged, nor whether they are state-licensed, or reside in Kansas.

Kansas abortion clinics are either local physician offices or single-day surgery centers licensed by the state health department (KDHE).  A public records request last week showed no official clinic application is yet on file with KDHE for the SWWC location, possibly because the names of the facility’s physicians would have to be revealed.

The AP report indicated remodeling is scheduled for the clinic to meet the abortion facility standards Kansas passed in 2011. Those licensing and inspection standards –similar to what other states have passed–were long sought by Kansas pro-lifers and were signed into law in the first term of Gov. Sam Brownback.  However, the standards are not in force due to litigation by another abortion clinic in suburban Kansas City.

In a “virtual chat” online at the Trust Women website this fall, SWWC services were touted as medical (pill) abortions, and fertility and transgender services. Burkhart continues to try to erase this community’s memory of the Tiller location as the home of an actual onsite crematorium for unborn children destroyed up through the third trimester.

Kansans for Life (KFL) contends that reopening the place as an abortion clinic would disturb what has become a quiet, residential area.  The KFL citizen petition drive–urging city officials to rezone the area– is well on its way to exceeding the goal of securing 20,000 signatures. “As Wichitans we know that when an abortion clinic opens in a neighborhood everything changes,” said David Gittrich, KFL development director. “Abortions means taxis and traffic, police cars and ambulances, barricades and signs. People who support abortion – and people who believe every abortion kills an innocent baby – come to demonstrate.”

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Judge Franklin Theis

Judge Franklin Theis of Shawnee County (which includes the state capitol of Topeka) has allowed the Kansas state Healing Arts Board temporary custody of patient records from ex-Kansas City abortionist, Krishna Rajanna.

By law, medical records are supposed to be kept in safe storage for ten years after a licensed practitioner closes,  but thousands of abortion records turned up in a recycling bin in northeast  Kansas near Rajanna’s residence in the Kansas City suburb of Overland Park.

Associated Press reports today, “The State Board of Healing Arts went to court last week for custody of the discarded documents plus others still in the possession of Krishna Rajanna. Shawnee County District Judge Franklin Theis granted the board’s request Monday.”

A woman who accidentally found the medical records in a school recycling bin brought them to The Kansas City Star newspaper March 24. Two days later, “The Star reported about the discovery of the records, mostly from 2001 and 2002, in a recycling bin outside an Overland Park elementary school. The records included patients’ names, addresses, phone and Social Security numbers and health histories, along with details of their pregnancies.”

According to the follow up Star report
, Rajanna claimed he “wasn’t jeopardizing the privacy of women… he was protecting the environment by not burning the paper records of the services they’d received.”

The Star continued, “Peter Brownlie, chief executive officer of  the Planned Parenthood of Kansas and Mid-Missouri, called the dumping of the records ‘awful’.”  [This is an ironic comment coming from the very Planned Parenthood accused of falsifying patient records found missing during prosecution for illegal abortions--a prosecution stalled by destruction of official state abortion records under the Sebelius administration!]

Kristin Neuhaus, another failed abortionist who started out with the Aid for Women Clinic, is in the final stage of losing her medical license for failure to meet standard of care. She still retains patient records and discussed how she periodically burns them here.

RAJANNA  BACKGROUND
Kansans for Life records show that after he failed as an internist, Rajanna joined the Aid for Women abortion clinic (more…)

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Judge Marten

Judge Marten, upholds clinics, not state law

Today, federal Judge Thomas Marten unsurprisingly acquiesced to ACLU’s petition that the Dodge City Family Planning (DCFP) clinic join the Planned Parenthood lawsuit over Title X money distributed by the Kansas state health department.

The clinic wants immediate reinstatement of their prior Title X state contract for nearly $40,000 (plus attorney fees), and wants the state proviso declared void as violating the Supremacy Clause.

Marten has already awarded $58,000 to Planned Parenthood without a state contract and the state is appealing his rulings to the Tenth Circuit Court of Appeals.

Marten’s ruling today bristled at the state’s allegation that DCFP was ‘judge-shopping’, that is, piggy-backing onto a case where the judge is already favorably directing funding to clinics.

There’s no question this is an activist judge of whom the State legal team accuses of “emasculating” state sovereignty and repeatedly ruling in error about the legitimacy of the state funding proviso.

Marten defended the addition of the financially-failing DCFP clinic because “it was stripped of Title X funding essentially as collateral of the Kinzer Amendment’s redefinition of eligibility standards.…[and] asserts a Supremacy Clause claim similar to that advanced by plaintiff Planned Parenthood.” (more…)

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Pro-Life Action League envelopes NARAL supporter headed to hear Sebelius (photo by Matt Yonke)

Yesterday at a Chicago NARAL fundraiser, 300 attendees gave some of their loudest applause (according to the AP) to HHS secretary Kathleen Sebelius’ mention of the Obama administration mandate that health insurance plans cover birth control without copays.

But beyond the ever faithful pro-life presence of the Pro-Life Action League, another rebuke to Sebelius was today’s good news that the U.S. House will be voting next week on a pro-life bill to UNDO abortion in Obamacare.

HR 358 the “Protect Life Act” is sponsored by Congressman Joe Pitts, and co-sponsored by all four Kansas U.S. Representatives:  Tim Huelskamp, 1st district; Lynn Jenkins, 2nd district; Kevin Yoder, 3rd district; and Mike Pompeo, 4th district. Express your support here.

UPDATE,Oct.13: In a 248-173 vote, the House approved the Protect Life Act, however Senate Democrats oppose it and President Obama has promised to veto it.

Modeled on the former “Stupak-Pitts” amendment, HR 358 would correct the numerous abortion-expanding provisions kept in the final health care law and contains important conscience protections for (more…)

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Down & out Mila Means(KWCH photo)

Admitting that being the “poorest doctor in the state”  drove her bid to try opening an abortion business in Wichita, Kansas-licensed practitioner Mila Means was dubbed “not the ideological warrior many expected” in a New York Times profile this weekend.

Poor Mila, broke and in hock,(see this article) went to the stellar training center for “abortion care” (as our opponents call it) –the Central Family Medicine medicaid clinic in the lowest income area of Kansas City, Kansas, also doing business Aid for Women.

Since the late 1980s, this clinic has been the incubator for abortion malpractice and professional misbehavior by failed practitioners, who also were ‘broke and in hock': Joseph Manley, Malcolm Knarr, Sherman Zaremski, Kristin Neuhaus, Krishna Rajanna. (Note: state medical board actions are not yet online for these practitioners, but KFL has the records.)

Although Means had not reported ever “working” at this site on her official Kansas medical license renewals in May 2010 or in May 2011, the Times reports

“Dr. Means’s work in Kansas City ended abruptly last month, after she had performed about 50 abortions, half her training goal, when the clinic shifted its focus to trying to stay open under the new state regulations that dictate requirements for the size of rooms at abortion clinics, the stocking of emergency equipment, medications and blood supplies, and ties to hospitals.”

Not only did she fail her “training” at arguably the worst medical facility in the state, her abortion supporters reportedly are not staying with her. The Times said,  “A second effort to establish an abortion clinic is under way, led by a group of prominent abortion rights advocates.The group has raised money but is still searching for a doctor…

The unnamed “prominent” group may just be the TrustWomen political action group, created by Julie Burkhart (formerly George Tiller’s right-hand operative) which has targeted Kansas, and hopes to open clinics.

The president of Planned Parenthood Kansas-Mid Missouri told the Times they have abandoned trying to find an abortionist for their Wichita facility, “after failing to find a local doctor willing to endure the expected harassment.”  Which begs the question, why don’t they want Means, as she is ready, willing and available?

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Richard Macias

Gov. Brownback has made his first appointment to the Kansas state Board of Healing Arts– adoption attorney and Sedgwick county judge, Richard Macias. (read AP interview here)

He will be the first, and only, attorney or judge on the 15-member board, sitting as one of three “public” members who are not medically-credentialed.

Abortion lobbyists are complaining that the well-respected Macias has taken on pro-life clients, yet Governor Sebelius appointed to the Board known pro-abortion individuals, including

  • pro-abortion leader /state representative, Carol Sader,
  • Dr. “Boo” Hodges,
  • Planned Parenthood advisor and pro-euthanasia Center for Practical Bioethics head, Myra Christopher.

This state medical board has protected abortionists and shown an inability to kick out lousy doctors for over 2 decades up through 2008, under Larry Buening as general counsel and executive director.  See the expose in the Topeka Capitol Journal here.

Sebelius also appointed heavy campaign donors to the board, with possible conflicts of interest, read this summary.

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KCK abortion mill fears new law

For many years, abortion businesses in Kansas have claimed to legislative committees that they do not need state oversight and that they already adhere to high industry standards. So it’s quite interesting that Wednesday’s AP story speculates that Kansas’ 3 abortion businesses may not meet the July 1 facility regulations that the state health department (KDHE) is implementing for the new licensure law. Ironically, most provisions in the new Kansas law were taken from the published standards of the National Abortion Federation and Planned Parenthood!  To that was added requirements that any abortion must be done by a Kansas-licensed physician with local hospital privileges, and that chemical abortion pills must not be provided via computer. Contrary to abortion supporters’ rant on this page, the law complies with decades of abortion court rulings, and is particularly governed by Greenville Women’s Clinic v. Bryant, 222 F.3d 157 (4th Cir.2000).  The U.S. Supreme Court did not take the Greenville lower court case for review, and let stand the ruling that South Carolina state standards for licensing abortion clinics ARE constitutional. The court found the state’s regulations:

  • did not impose an undue burden on the right to seek abortion;
  • do serve a valid purpose in safeguarding the health of women;
  • had a rational basis for regulating abortion clinics, while not regulating other healthcare facilities, [noting that] abortions are “inherently different from other medical procedures, because no other procedure involves the purposeful termination of a potential life.”

The South Carolina standards –upheld as constitutional– are actually more stringent than the new Kansas law! (more…)

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Both bills edit old statutes, replacing the term 'fetus' with Unborn Child.

The Kansas Senate today ushered in a new pro-life era by advancing two significant measures that Gov. Sam Brownback is anxious to sign into law.

The landmark Pain-capable Unborn Child Protection Act, HB 2218, and the  Abortion Reporting Accuracy and Parental Rights Act, HB 2035, each passed 24-15.  Both measures acquired minor amendments on the Senate floor and will require a quick assent  by the House, when it returns to work Monday.

UPDATE Mar. 29: House concurs on HB 2035 by100-22 and HB 2218 by 94-28.

Sen. Terry Bruce (R-Hutchinson) did a top notch job leading the defense of HB 2218 in floor debate,  citing

  • the 1987 ground breaking evidence published in  the prestigious New England Journal of Medicine,
  • a ‘litany’ of consistent scientific studies after that, and
  • the 2004 U.S. Dept. of Justice testimony of top researchers.

Bruce added “the smartest man he knew, one of only ten neuro-radiologists in the country” supports the science of the bill that unborn children aged 20 weeks post-conception (22 weeks gestation) can acutely experience pain.

Speaking in support of HB 2218 were Senators Julia Lynn (R-Olathe), Ty Masterson (R-Andover) and Garrett Love (R-Garden City. Sen. Jeff King (R-Independence) (more…)

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KS Supreme Court/ standing: Lee A. Johnson, Carol A. Beier, Eric S. Rosen, Dan Biles; seated: Lawton R. Nuss, Robert E. Davis, Marla J. Luckert

The James Madison Law Center filed suit Thursday in federal court on behalf of Kansans who oppose the current system of nominating justices for the Kansas Supreme Court as unconstitutionally denying ordinary voters an equal voice.

Kansas attorneys have the most unrestricted power of any state in the union to hand-select state Supreme Court justices.  The retirement of Chief Justice Robert Davis preceding his Aug. 4 death,

leaves lame duck Democrat Gov. Mark Parkinson an opportunity to add another liberal member to this Sebelius-majority Court, which has stalled prosecution against Planned Parenthood since May 2009.

Files obtained after the Court ruled in the 2005 abortion files case, led to the filing of 107 criminal charges against the Planned Parenthood in Overland Park.  In that ruling, Justice Davis–along with then-Chief Justice Kay McFarland– complained about Justice Carol Beier’s prejudicial rant against AG Phill Kline.

Thursday’s lawsuit seeks a federal restraining order to prevent a nominating commission from filling the Davis vacancy, and is asking a federal judge to prohibit the nominating committee from being involved in the process. UPDATE, Fri. Sept.10: Judge Monti Belot heard arguments and promised a ruling next week.

The nine-member nominating commission (more…)

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