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comp health PP (2)Kansas cannot cut off Medicaid funding for two Planned Parenthood affiliates reports the Associated Press this evening.

“The Governor will continue the fight to make Kansas a pro-life state,” said Eileen Hawley, spokeswoman for Gov. Brownback,  “We will review today’s preliminary ruling and move forward with the litigation.”

U.S. District Judge Julie Robinson in Kansas City, Kansas, issued the temporary ruling late Tuesday which prevents the Kansas Department of Health and Environment (KDHE) from cutting off funding Thursday for Planned Parenthood of Kansas and Mid-Missouri and the organization’s St. Louis regional affiliate.

Mary Kay Culp, KFL executive director, commented,

“We oppose any public money that helps the abortion giant Planned Parenthood stay open. Planned Parenthood is not the trusted health-care provider they like to call themselves –everything they do is poisoned by their abortion business and advocacy .”

Planned Parenthood in Overland Park was indeed trafficking in baby body parts in the late 90’s, which caused Kansas to enact a law governing fetal tissue procurement.

Several ongoing bona fide lawsuits nationwide have found Planned Parenthood to be defrauding the public. See here.

The state of Kansas should have control of dispensing federal tax funded support to the indigent and have trustworthy partners. KDHE alleges they did not get respectful access to onsite inspection from Planned Parenthood that health care grantees must provide.

Unfortunately, the authorization language for Medicaid is not the same as for the Title X federal funding. Federal changes should be made to allow states more control over tax-funded health care distribution. The Medicaid amount involved appears to be under $50,000 this year.

Kansans for Life is happy, however, that

Planned Parenthood no longer gets Kansas Title X annual health care funding–well over one-third million dollars– that is now going to full-service public clinics and hospitals.

Kansas won that battle in court and this past session, the legislature made that funding priority a permanent statute. Read more here.

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Now-closed Kansas City “Affordable Abortions”  lab specimen prep room in 2003 (photos by staff whistle-blower)

The U.S. Supreme Court 5-3 Whole Women’s Health v Hellerstedt ruling June 27th is not the huge victory abortion supporters claim. However, there is no question that “Hellerstedt” is a truly troublesome ruling, as it:

  • undermines the Court’s former support for the compelling interests of state legislatures,
  • makes the Supreme Court the nation’s medical board, and
  • encourages activist courts to indulge in subjective judgment of abortion regulations.

Ultimately, it’s a setback for the pro-life movement both nationally and in Kansas. However, looking at the long game, Supreme Court decisions are not set in stone.

As a reminder,  the Court struck down a ban on partial-birth abortions in 2000 and then in 2007 upheld the ban. Why? The language of the ban was tweaked, the public became educated (and outraged) and the composition of the Supreme Court changed. This is why presidential elections matter.

HORRIBLE RULING
Hellerstedt
has abandoned any pretext that the Court is only involved to guarantee “safe and legal” abortion. They have overruled protection for women in order to protect abortion business profits. The Court has reinforced its schizophrenia that demands abortion be treated as a medical procedure, but not be subject to the ordinary state oversight other medical facilities must obey.

Kansas City "Affordable Abortions"

“Affordable Abortions” unsterile surgical bedside with open trash and dirty carpet

Kansas has had plenty of abortion horror stories. A staff whistle-blower took photos in 2003 at the inner city “Affordable Abortions” clinic of Krishna Rajanna (now closed). She was so worried about the filth there she would wipe down the surgical bed with rubbing alcohol whenever she could.

Kansas had a duty to enact abortion clinic regulations, and it took ten years to get a licensure and inspection law— passed when we had a pro-life governor in 2011.
(Read more here and here.)

The abominable majority opinion last Monday, written by Justice Breyer, absurdly tries to justify striking down Texas’ clinic regulations, asserting that having such laws in place would not stop the “very bad behavior” of “determined wrong-doers” like Kansas had  at the “Affordable Abortions” clinic and elsewhere. With that logic, no laws would ever be passed.

The Hellerstedt ruling is harshly criticized by the dissenting justices (Thomas, Alito and Roberts) for breaking procedural rules and being so riddled with special exceptions for special rights” that it violates “the promise of a judiciary bound by the rule of law.”

Planned Parenthood has announced now they’ll fight abortion regulations in eight states: Arizona, Florida, Michigan, Missouri, Pennsylvania, Tennessee, Texas and Virginia– “with more to come” against similar laws across the country. National Right to Life Committee president, Carol Tobias, expects only measures identical to those blocked by the Supreme Court will be vulnerable to appeal.

HOW IS KANSAS AFFECTED?
The office of Kansas Attorney General Derek Schmidt has so far announced that the legal team is studying the Hellerstedt ruling with respect to three ongoing lawsuits filed by Kansas abortionists. The A.G. team has prevailed in all other concluded abortion litigation since 2011.  (Read more about Kansas abortion clinics and lawsuits here.)

"Affordable Abortions" had blocked back exit with lawn mower in the mess as a "back-up generator"

“Affordable Abortions” fire-hazard blocked back exit with lawn mower (by door) as a “back-up generator”

Most directly related to Hellerstedt is the 2011 Kansas comprehensive abortion clinic licensure & inspection law which has never been in effect due to a “temporary” injunction and to an unjustifiable 4 1/2 year delay from Shawnee District Court Judge Franklin Theis.

That law includes building safety standards, injury & death incident reporting, abortion-specific protocols and a requirement that abortions be performed by Kansas-licensed physicians. Relative to Hellerstedt, it

  1. does mandate hospital privileges for abortionists within 30 miles of the abortion site, but
  2. does not require an abortion facility to be licensed as an ambulatory surgical center (ASC).

The admitting privilege (#1)  does mirror that of Texas, but the context in Kansas is not the same. All four Kansas abortion businesses  (2 in Wichita and 2 in Overland Park) claim to have access to abortionists with hospital privileges.

As for #2, although some of the Kansas facility requirements do resemble those of ASCs,  those provisions would not automatically need to be struck down. Also, two Kansas abortion businesses(Planned Parenthood and SouthWind) are already licensed as ASCs.

However, following Hellerstedt, activist courts will be more encouraged to subjectively critique –and potentially reject–duly-passed medical oversight laws.

 

"third world" conditions of inner-city abortion clinic

“sterilization room” of now-closed Kansas City abortion clinic

By a vote of 5-3 today, the U.S. Supreme Court issued a  ruling protecting abortion profits above state health protocols.  Struck down are two provisions of HB2, a Texas law requiring abortion clinics to meet the same safety standards as ambulatory surgical centers and requiring abortionists to have admitting privileges at a nearby hospital in case of medical emergencies.

Similar provisions are part of a larger pro-life bill under injunction in Kansas.

This ruling was not unexpected because the majority of the nation’s highest Court supports abortion and will go to any lengths to preserve it—even self-contradiction. The Court both affirmed and then undermined this holding (from Roe): “the State has a legitimate interest in seeing to it that abortion . . . is performed under circumstances that insure maximum safety for the patient.”

In its pretzel logic the Court now dictates that state regulation must be subject to interpretation of how it might present an “obstacle” to abortion. The same standards any state uses to insure safe medical facilities —under today’s rulings—cannot routinely apply to surgical abortion facilities.

This is ridiculous.

Even disgusting, filthy hole-in the-wall clinics that won’t upgrade their facilities are now –in the Court’s eyes—protected by a veritable “necessity” exemption. Yet the existence of at least two such clinics in Kansas City were a main impetus for the Kansas abortion clinic licensure law passed in 2011.

That Kansas law was ten years in the making, including testimony of patient abuse, abortion malpractice and “third-world” caliber clinics. (read more)

Today’s ruling now guarantees more judges at every level will be involved in scrutinizing duly-passed pro-life laws to decipher whether they will pass muster with the U.S. Supreme Court’s subjective notion of what constitutes an “obstacle” to abortion.

Statement from KFL Executive Director, Mary Kay Culp:

“No one should applaud today’s decision. It shows in the starkest terms the so-called ‘safe and legal’ fantasy for what it always has been: a cover for abortion at all costs. Today’s decision is a real tragedy for mothers and as always, for their unborn children–something most women realize eventually.”

"the Hand of Hope" photo by Michael Clancy, 1999

“the Hand of Hope”by Michael Clancy, 1999

Six states have now banned brutal and inhumane abortions that dismember fully formed unborn children.

Louisiana Gov. John Bel Edwards signed into law “the Unborn Child Protection from Dismemberment Abortion Act” last Friday, joining — in order– Kansas, Oklahoma, West Virginia, Mississippi, and Alabama, whose citizens embraced the necessity of passing this model legislation provided by the National Right to Life Committee.

In coverage of this law, most outlets, particularly  the Associated Press, refuse to even use the term “dismemberment” which is defined in this legislation.  Also unsurprisingly, the media  never challenge abortion supporters to defend the appalling savagery of slicing a living unborn baby to pieces.

Yet, even with biased media coverage, the public understood the gruesomeness of sharp metal tools tearing apart the tiny limbs of well-developed children while in their mothers’ wombs.

A majority of Americans who increasingly describe themselves as pro-life know that abortion is not done on a blob of tissue. Many of them confirmed that understanding after seeing a famous photo of a little hand reaching out of his mother’s womb.

That milestone photograph is called  “The Hand of Hope” taken Aug. 19, 1999 by Michael Clancy. The photo took the world by storm when it first appeared in USA Today on Sept. 7, 1999. The tiny hand of Samuel Armas, at 21weeks gestation, is captured grasping the skilled hand of the doctor performing innovative surgery to correct spina bifida. All this occurs while Samuel was still in his mother’s womb.

“I could see the uterus shake violently and then this little fist came out of the surgical opening,” Clancy recalls. “It came out under its own power. When Dr. Bruner lifted the little hand, I fired my camera and the tighter Samuel squeezed, the harder Dr. Bruner shook his hand.”

Gov. Brownback

Gov. Brownback

Gov. Sam Brownback remarked about that photograph in his May 5, 2015 letter commemorating the signing of the Unborn Child Protection from Dismemberment Abortion Act in Kansas:

“What a visually impactful moment: the delicate, miniscule hand with each finger and nail, trustingly holding on to the doctor. There is little debate over whether the child in utero is alive; the debate is over whether or not the child is a life worthy of protection.

Clancy’s lens encapsulates so much meaning in that one shot: a vulnerable, functioning, unborn child, not yet ready to survive outside of his mother who nevertheless lies completely at the mercy of the physician’s medical talent—and ethics.

Clancy says he was “pro-choice” before the snapshot, but not afterwards.

He recognized in that one critical moment what was actually at stake in abortion—not a “choice” but a unique and unrepeatable human individual connected to the human community.

Truly, the unborn child developing in the safety of his mother’s womb is absolutely at the mercy of the laws regulating physicians. Preserving the dignity of that relationship between the mother, child and physician dictated that six states prohibit barbaric dismemberment method abortions.

All pro-lifers who have worked so hard to enact the Unborn Child Protection from Dismemberment Abortion Act —and those in other states yet to do so– would no doubt agree with this thought from Gov. Brownback’s letter:

“Protection is at the heart of this law. Protection of an actively developing baby with his or her unique DNA, and who can be seen thumb-sucking, hand-waving, and smiling in routine sonography. A defenseless child with so much potential.”

smaller baby in bronze judicial scale

Judges, protect the unborn!

Just before the holiday weekend, key arguments were filed with the state Supreme Court of Kansas on behalf of abortionists who want to continue dismembering living unborn babies limb from limb until they bleed to death, and from attorneys for the state Attorney General’s office who are defending the state’s ban on dismemberment abortions.

Last April 2015, Kansas was the first state to pass “The Unborn Child Protection from Dismemberment Abortion Act.” Four other states have now enacted this law –Oklahoma, West Virginia, Mississippi, and Alabama. The bill is on the governor’s desk in Louisiana and expected to be signed perhaps today.

The federal constitutionality of this ban has not been tested, but it was drafted as the logical consequence of the U.S. Supreme Court’s 2007 Gonzales ruling upholding a federal ban on heinous partial-birth abortion method abortions.  Gonzales was based on the reasoning that abortionists’ preferences cannot trump compelling governmental interests in regulating the medical profession and voicing respect for human life and dignity.

Hodes & Nauser

Abortionists Nauser & Hodes

BACKGROUND, KANSAS LAWSUIT
Attorneys from the New York City-based Center for Reproductive Rights (CRR) challenged the Kansas dismemberment ban in state court last June on behalf of Kansas City suburban father-daughter abortionists, Herb Hodes and Traci Nauser. They asserted that a hitherto-undiscovered Kansas constitutional foundation exists for abortions—one that precludes banning dismemberment method abortions.

 Judge Hendricks

Judge Hendricks

Shawnee District Court Judge Larry Hendricks found the novel CRR position so appealing that within moments of the oral arguments last July, he imposed an injunction preventing the ban from going into effect.

Kansas Attorney General Derek Schmidt sought immediately to undo that injunction with the Kansas state Court of Appeals. (see documents here) However the Court of Appeals rendered a split ruling January 22, allowing these abortions to continue unabated.

AG Derek Schmidt

AG Derek Schmidt

Both sides appealed to the state Supreme Court. (see AG supplemental filing and abortionist supplemental filing) In addition to arguing that the trial judge’s conclusion was in error, Schmidt’s office argued that the appellate ruling was –in fact—actually a 7-6-1 decision and is hopelessly confusing. The state Supreme Court has since agreed to review the matter but the hearing date has not yet been set.

NATIONAL IMPACT
If the claim that abortion is grounded in the state Constitution succeeds, the strategy will undoubtedly be used in every other state. Thus these new legal filings last week are of the utmost importance not just to Kansas but to all states. Of paramount concern is that credence will be given to these abortion attorneys’ claims:

  1. that a state Constitution must be contorted to contain an even more radical basis for unlimited abortion than that of the U.S. Supreme Court’s 1973 Roe v Wade ruling;
  2. that the Kansas Bill of Rights language about “life, liberty, and the pursuit of happiness” (that many states share) must elevate woman’s “self-determination” and “decisional autonomy” and ignore the distinct, separate rights of the fully-human unborn child; and
  3. that Courts must be emboldened to ignore plain reading standards and accept “evolving” reasons to invalidate duly-passed legislation.
KS court appeals

Kansas Court of Appeals

On Jan . 22, 2016, seven of the 14 members of the Kansas state Court of Appeals firmly rejected those claims. They acknowledged what seven other appellate judges ignored—that there is an unborn child’s right to life at stake.

“Because the Kansas Constitution provides no substantive due process right to abortion, our legislature is free to restrict abortion procedures to the extent it finds it appropriate.”

Furthermore, they rightly concluded there is no right to abortion “expressly found in the text” of the state Constitution and that “it should not be done by judicial decree.”

Ks Supreme Court

Kansas Supreme Court

As the Kansas Supreme Court begins consideration of this issue, they:

  • should refuse to take the pro-abortion activist stance which invents abortion protection that did not exist in the Kansas pre-Civil War Constitution, nor afterward, and
  • should properly stay within its judicial boundaries and affirm duly-passed laws that protect tiny unborn girls and boys from inhumane torture.

We can only hope and pray this Court will do the right thing.

apemanDespite the histrionics of Salon’s Andrea Marcotte , and the not-so-subtle inferences of the Wichita Eagle that pro-lifers are nutty, the creation of animal-human hybrids (called “chimeras”) is indeed worrying at least some scientists.

NPR (National Public Radio) has run stories about the controversy which (as usual) involves researchers impatient with any limitations.

On the May 18, 2016 radio broadcast, of NPR’s “All Things Considered” Rob Stein reported:

A handful of scientists around the United States are trying to do something that some people find disturbing: make embryos that are part human, part animal. … But some scientists and bioethicists worry the creation of these interspecies embryos crosses the line. “You’re getting into unsettling ground that I think is damaging to our sense of humanity,” says Stuart Newman, a professor of cell biology and anatomy at the New York Medical College.

The experiments are so sensitive that the National Institutes of Health [NIH] has imposed a moratorium on funding them while officials explore the ethical issues they raise.

Previously, Stein had filed a report on NPR’s “Morning Edition” on Nov. 6, 2015, titled, “Should human cells be used to make partly human chimeras?” Stein revealed that the NIH was holding a workshop that day focused on this chimera agenda, and presumably, the funding moratorium.

One of the proposals was to fund “research in which human pluripotent cells are introduced into non-human vertebrate animal pre-gastrulation stage embryos.”

In the written story that accompanied the May 18 broadcast, Stein explained, “Scientists have been creating partly human chimeras for years. …What’s new is putting human stem cells into the embryos of other animals, very early in embryonic development.”

Stein uses as an example, the experiments of Pablo Ross, a reproductive biologist at the University of California, Davis. In simplest terms, Ross’ research:

  1. takes a pig embryo,
  2. deletes a gene,
  3. adds human cells,
  4. puts the altered chimera embryo into a pig womb,
  5. checks to see whether a human organ is forming,
  6. destroys the chimera embryo within 28 days,
  7. continues such experiments with variations.

ANIMAL-HUMAN HYBRID ETHICAL CONCERNS
Stein lists some concerns about chimera experiments raised by Newman and other professors and ethicists:

  • Human stem cells could form human sperm and human eggs in the chimeras.
  • Animals could give birth to some kind of part-human, part-pig creature.
  • If you have pigs with partly human brains you would have animals that might actually have consciousness like a human.
  • If a male chimeric pig mated with a female chimeric pig, the result could be a human fetus developing in the uterus of that female chimera.

Stein writes, “The uncertainty is part of what makes the work so controversial. Ross and other scientists conducting these experiments can’t know exactly where the human stem cells will go. Ross hopes they’ll only grow a human pancreas. But they could go elsewhere, such as to the brain.”caution

Newman told Stein, “If you have pigs with partly human brains you would have animals that might actually have consciousness like a human,” adding, “It might have human-type needs. We don’t really know.”

The Wichita Eagle story (the basis for Marcotte’s  rant) focused on some of the bio-tech issues Kansans for Life included on our Political Action Committee’s questionnaire for candidates to the Statehouse. I was quoted accurately but derisively about pro-life concerns:

“The questionnaire is a way to show candidates the range of the kinds of things that the pro-life movement is interested in…[cloning and animal /human hybrids (chimeras)] has  been a concern for over 10 years. We’re not inventing this. This is not crazy stuff. Am I aware of it happening in Kansas? At this moment, no. But does that mean it’s not happening somewhere, I can’t tell you that.”

Apparently, it is happening in the U.S. –and even the NIH is denying funding until vexing ethical questions are examined.

Burkhart rolling stone captured May 2016Well, May is here, and with it comes the now apparently obligatory annual media interviews fawning over abortion profiteer Julie Burkhart.

Burkhart started the George Tiller legacy project [Trust Women] after the infamous Wichita abortionist’s death on May 31, 2009. Every May afterwards, the media spins a “memorial” of sorts to Tiller and Burkhart, who had run his sizable political money operation.

The tributes escalated three years ago when, after much fanfare, Burkhart opened the SouthWind Women’s Center on the site of Tiller’s old Wichita, Kansas abortion location. It is part of her drive to “forge new frontiers” in the Midwest– which pro-abortionists term a “desert” of “abortion care.”

On cue last week, lengthy pro-Burkhart features turned up in Rolling Stone and Marie Claire, as well as a variety of state and national reports.

They were orchestrated undoubtedly by Trust Women’s new publicist, Deb Gruver. It was quite the coup getting Gruver, who recently ended a 26-year news reporting career, with the last 15 years writing for the pro-abortion Wichita Eagle.

The Burkhart media blitz included:

  • May 17 – a story from the liberal National Council of State Legislatures in which Burkhart complains of health inspections under conservative governors and spending over $200,000 in (unspecified) legal fees.
  • May 19 – a Wichita Eagle Guest Column by Burkhart, claiming that Kansas abortion “restrictions” keep poor women in “second class” teaching and nursing jobs instead of lucrative careers and political offices.
  • May 19 – a TV news feature on Burkhart’s “challenges” to opening a clinic in Oklahoma, because it is such “a politically hostile environment for women and their families.”
  • May 19 – an Eagle/AP report on how the 1991 Wichita Summer of Mercy forged –in rebuttal–Burkhart’s “determination” that fuels opening a new $1 million Oklahoma City abortion clinic.
    Julie Burkhart

    Burkhart

    McNicholas headshot

    McNicholas

  • May 19 – an extensive article in Marie Claire that lionizes Burkhart’s Wichita/Oklahoma fly-in abortionist, Colleen McNicholas; McNicholas admits to a rate of 31 abortions per 8-hour shift when she works at the Planned Parenthood in St. Louis.
  • May 20 – a Washington Post article (also in the Eagle) about Burkhart’s circuit-riding Missouri abortionist and her confidence that abortion attorneys will block any Oklahoma pro-life law that threatens them,
  • May 20 – Robin Marty’s piece in RollingStone where Burkhart whines about how hard it was to find the Oklahoma location and obey state regulators; she also claims pro-life laws unfairly scare women about the caliber of abortionists and their facilities, whereas SouthWind clients compliment her “all the time” on how “clean and nice” her facility is. (I’m not kidding.)
  • May 21- another Eagle/AP story that extensively details Burkhart’s financial issues, with her prediction that many “underserved” Texas women will use her Oklahoma City clinic.

The unifying media message in these articles is that (1) Burkhart battles “hostile’ pro-life state legislatures and (2) she may lose ground in an upcoming U.S. Supreme Court ruling on the Texas HB 2 abortion clinic regulations.

The Court threat for Burkhart was spelled out in Marie Claire:

All three states where McNicholas performs abortions [MO-KS-OK] have admitting-privileges laws on the books… Kansas and Oklahoma have also passed privileges laws, but both are currently on hold pending legal challenges. McNicholas has admitting privileges only in St. Louis, which means if HB2 is upheld and Kansas’ and Oklahoma’s pending laws are enacted as a result, she will no longer be able to perform abortions anywhere outside St. Louis.”

16 wks unbornPBS reported that Burkhart’s SouthWind Wichita clinic charges up to $2000 for dismemberment abortions past 14 weeks gestation. She is quoted in Rolling Stone that her Oklahoma City business will do higher gestation abortions—abortions on even more mature and developed babies—at expectedly higher prices.

A whole lot of money is riding on Burkhart having abortionists available for hire.

Although the media acquiesces to the annual May blast of stories portraying Burkhart as continuing some noble quest in honor of Tiller, we know better.

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