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Posts Tagged ‘Mary Kay Culp’

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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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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Mary Kay Culp, KFL Executive Director

In a speech given on the Kansas State Capitol steps last January, I said KFL’s 2011 legislative objectives reflected the recommendations of the Pennsylvania grand jury that investigated “House of Horrors” abortionist Kermit Gosnell.

Gosnell’s employees have already pleaded guilty to charges of murder, including the killing of one pregnant mother, and the routine killing of born-alive late-term babies. If you have the stomach for it, read the entire report.

The Gosnell grand jury said that to prevent this from ever happening again, one thing that had to change was for state inspectors to be allowed to review abortion files onsite. They pointed out that this, and every one of their strongly-worded recommendations, had been agreed upon by every member of the jury, representing the gamut of opinion on abortion.

Now, the Hodes-Nauser Center for Women’s Health clinic, with abortion lawyers at the Center for Reproductive Rights, have sued our state’s newly revised abortion clinic regulations that have replaced the temporary ones they sued in July.

The abortion industry complained loudly about the first set of regulations that (more…)

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Gov. Brownback

Wednesday, 49 of 107 charges against Planned Parenthood were regrettably withdrawn because the prosecution was hamstrung by evidence destruction– not only by the department of health (KDHE) but also by the office of former Attorney General Steve Six!

Shortly afterwards, current AG Derek Schmidt released news that he had secured an independent investigation into evidence allegedly shredded under Six. The Topeka Capital Journal reported: “The KDHE deferred all comments on the case to

Gov. Sam Brownback’s office, which described Wednesday’s revelations into the case as “deeply concerning” and supported Schmidt’s decision to appoint an independent investigator.”

AG Schmidt asked the Shawnee County (Topeka) Sheriff’s Office to conduct an investigation into the destruction of documents, especially Induced Termination of Pregnancy report copies (read more here).

Sheriff Dick Barta said, “Schmidt wanted to have Shawnee County investigate the case because the documents allegedly were destroyed by offices housed in Topeka, and because of the conflicts of interest Schmidt’s office has with the case. Those conflicts include (more…)

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D.A. Steve Howe- case hurt with evidence destruction by former AG office & KDHE

District Judge Steve Tatum today dismissed 23 felony charges and 26 related misdemeanor charges against Planned Parenthood because the original paperwork critical to proving the charges was destroyed by state officials in 2005 and 2009.

58 misdemeanor charges for illegal late-term abortions remain to be prosecuted, and the next hearing is scheduled for Feb. 22.

UPDATE: AG Schmidt reveals investigation into evidence destruction under AG Six

Kansans for Life Executive Director, Mary Kay Culp, attended today’s hearing and said that Planned Parenthood’s attorney again went on a diatribe against Phill Kline and how the case had always been without merit. Culp commented:

“Despite Planned Parenthood’s pathetic efforts to once again use Phill Kline as a distraction, the facts are that two judges found probable cause to believe Planned Parenthood committed felonies, and the only reason it can’t be proved is selective and purposeful destruction of evidence at what may have been the very highest level of Kansas government.

At least four things need to happen:

  • a full scale investigation by current AG Schmidt of the destruction of evidence,
  • possible ethics charges against former AG Steve Six and co-conspirators,
  • a vigorous prosecution of Planned Parenthood by D.A. Howe for the remaining charges of illegal late-term abortions, and
  • a full review of this case in its entirety by the Kansas Legislature.”

The paperwork in question are the ‘Induced Termination of Pregnancy’ compliance forms (called ITOPs) submitted (more…)

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Abortion reports gone under Gov. Sebelius in 2005

Another layer to the depth of the Sebelius abortion corruption has been revealed with today’s AP report (here, updated here) that in 2005 the Kansas health department (KDHE) destroyed the state late-term abortion reports at the heart of the felony charges against Planned Parenthood.

The pre-trial hearing for felony “false-writing” charges had been scheduled for Monday Oct. 24, 25 and 26 in the Johnson County.   Since the original “official” Kansans Department of  Health and Environment (KDHE) abortion reports have now been discovered as destroyed, the Johnson County District attorney’s office is asking for a delay so they can engage other witnesses to verify the authenticity of copies of the state reports.

The state reports are verifications that abortionists send to KDHE for statistical purposes, and are annually tabulated and published. Copies of those reports are required to be kept in the patient medical files. Of crucial importance is that these reports fail to provide valid medical reasons why banned post-viability abortions were performed. They are evidence of illegal abortion.

Planned Parenthood tells the AP that they “recently” became aware of the destruction and that it was not done at their request. What is not yet known is

  1. when exactly Planned Parenthood knew;
  2. whether paper copies or electronic files—or both—were destroyed;
  3. who actually did the deed and under what orders;
  4. whether other reports from George Tiller were destroyed;
  5. whether similar reports in other years have been destroyed.

KFL Executive Director, Mary Kay Culp, commented, “Only guilty people destroy evidence!  Not even we anticipated Sebelius and her administration could stoop this low (more…)

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AG Schmidt hires help vs abortion lawyer 'army'

UPDATE Wed. July 20: Schmidt defends outside hires for abortion lawsuits
Kansas Attorney General Derek Schmidt just made a great hire –former KU law dean, Stephen McAllister—to handle the lawsuit against our new state abortion facility licensure law.

McAllister served as a clerk to former U.S. Supreme Court justice Byron White and sitting justice Clarence Thomas. He has been Special Counsel to the Kansas House.  As Solicitor General in 2007, McAllister wrote a masterful defense of the state late-term abortion law.

In related news, Schmidt hired a private law firm (Foulston Siefkin of Wichita) to defend the state in the Planned Parenthood suit over family planning money that the abortion business no longer qualifies for. (see earlier posts here and here)

The KCStar and AP report that Schmidt said he was following past practice, as previous attorneys general did for special topics that are resource intensive, like school finance, water boundaries, and, now, abortion.

With 10 attorneys on staff handling more than 600 cases, Schmidt said he had to seek outside legal help, when faced with “a small army of out-of-state lawyers.”   Schmidt continued, (more…)

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Father/daughter abortionists, Hodes & Nauser (image from MSNBC, Rachel Maddow show)

Kansas’ new abortion facility law went into effect Friday, July 1, but by 4pm, a court-order granted a temporary injunction against the entire law until a trial is held.  See KFL press release here.

The 2 Kansas abortion businesses that did not undergo the required inspection from the state health division (KDHE), joined in filing a lawsuit claiming

  • there wasn’t enough time to comply with new regulations,
  • the regulations were unneeded and onerous, and
  • the entire endeavor is a plan to end abortion in Kansas.

Assistant Kansas Attorney General Steve Fabert defended the new regulations in court, and argued that the 2 clinics should be petitioning for administrative relief instead of halting the entire law through injunction. The fact that Planned Parenthood was granted a license indicated the regulations were not unreasonable.

“We are disappointed by the judge’s decision [but] he emphasized more than once that it was very early in the process (more…)

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Kansas wants PP defundedEditorial board members of the Kansas McClatchy newspapers that have fought hard to advance Planned Parenthood interests are furious that the upcoming budget reconciliation indicates the abortion giant will lose state funding this year.

3 months ago, the Governor’s proposed budget was introduced, including the rerouting of Title X federal tax-funded family planning dollars to state clinics that provide family medical services. It reflected the Huelskamp/ Kinzer budget instruction which had been line-item vetoed by abortion-supporter, Gov. Mark Parkinson in 2009 and 2010.

What the Kansas City and Wichita pro-abortion editorialists decried as ‘promoting a lie‘ or ‘pure politics’ was the official comment from the governor’s spokesperson that “Gov. Brownback, along with the overwhelming majority of Kansans, opposes taxpayer subsidy of abortions.”

But it is true!   While not directly permitted to cover abortions, Title X funds are underwriting part of Planned Parenthood’s overhead and expenses, and at least part of the salary of any abortionist doing Title X services. As former Texas Planned Parenthood clinic director Abby Johnson (more…)

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Kathy Ostrowski, Rep. Lance Kinzer and KFL Exec. Director Mary Kay Culp watch Gov. Sam Brownback sign pro-life bills (KHI photo)

Kansas closes a horrible chapter of abortion corruption today, which had caused the state to be referred to as the late-term abortion destination of the nation.

Gov. Sam Brownback has signed into law two measures that

protect the lives of unborn children who are capable of feeling pain and will better prevent pregnant teens from obtaining abortions without parental involvement.

At a Statehouse reception hosted this afternoon by Kansans for Life, legislators and pro-lifers assembled to watch the ceremonial signing of HB 2218, the Pain-capable Unborn Child Protection Act, and the actual signing of HB 2035, the Accuracy in Abortion Reporting & Parental Rights Act.

Pro-life leader and House Judiciary chair, Rep. Lance Kinzer (R-Olathe) authored both bills and was joined by 62 co-sponsors on HB 2035 and 47 co-sponsors on HB 2218. “It’s a tremendous day,” Kinzer said Tuesday. “It’s been a long road for the pro-life movement in Kansas to get to this stage — not just a matter of years but going back decades, quite frankly.”

Both laws use the term “unborn child” (more…)

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