KS appeals court

Kansas Court of Appeals to probe dismemberment ban

Over the Thanksgiving holiday, all 14 judges of Kansas’ state Court of Appeals will begin analyzing all legal briefs, pro and con, for an expedited hearing on the grisly topic of dismemberment abortions.

That includes a “friend of the court” brief submitted by Kansans for Life in support of Kansas Attorney General Derek Schmidt. Schmidt is appealing a lower court decision that blocked implementation of the state’s first-in-the-nation Unborn Child Protection from Dismemberment Abortion Act.

Oral arguments are set for December 9.

Last July, Shawnee County District Court Judge Larry Hendricks issued an injunction, blocking Senate Bill 95 from going in effect. (read more

The Act bans a barbaric abortion method that tears apart living, well-formed unborn babies while in their mother’s wombs.

A.G. Schmidt

A.G. Schmidt

The preliminary injunction was obtained by the New York-based Center for Reproductive Rights on behalf of Kansas’ father-daughter abortionists at the Center for Women’s Health in suburban Kansas City.

But the abortionists’ lawsuit was not filed in the federal court route that ends with the U.S. Supreme Court. The Kansas Attorney General’s legal team points out clearly in its filings that the abortionists logically should have taken that path, but instead are pursuing the state court path that ends with the state Supreme Court.

Why? Two reasons. Abortion attorneys:

  1.  recognize this Act could well be upheld for the nation, and
  2.  want to, instead, carve out a state right to abortion as interpreted into the Bills of Rights section of the Kansas Constitution.

The explanation for #1 is that dismemberment method abortions were examined at some length by the U.S. Supreme Court during their deliberations on partial-birth abortions. The Court assessed both methods as “brutal.”

In its 2007 Gonzales decision, the High Court upheld a prohibition on the gruesome partial-birth method, as furthering “legitimate interests in regulating the medical profession in order to promote respect for life, including life of the unborn.”

The explanation for #2 is that the Kansas state Supreme Court has shown a decidedly pro-abortion bias over the past two decades. Abortion attorneys are attempting to take advantage of that, hoping that the Kansas Supreme Court will “discover” a right-to-abortion in the state Constitution.

Everyone knows that is what is happening. The Nov. 15 “rebuttal” filing from the Kansas Attorney General observed that,

“[this suit invites] Kansas courts to take on a long rejected activist role: to change the people’s Constitution of the past 150 years in order to recognize “rights” that Plaintiffs may deem politically or morally expedient, but which an overwhelming majority of Kansans do not support.

The Kansas Court of Appeals has been asked by the Kansas Attorney General to rule on whether the lower court– that opined dismemberment abortions cannot be banned –erred in two areas:

  • misstating the relevant U.S. Supreme Court findings, and
  • claiming that there exists a state right to abortion.

The abortion attorneys have clearly misstated the U.S. Supreme Court—and that’s why they don’t want to end up there.

DIsmembering a living unborn child

Dismembering a living unborn child

As to the claim that Kansas has a state abortion right, attorneys for the Center for Women’s Health argue that permitting abortionists to dismember living babies till they bleed to death is part of a woman’s liberty right, and a development of Kansas’ “pro-woman” history. They cite that, from its inception, Kansas gave women the right to hold property and vote in school elections.

How absurd is that stretch?!  Unless a baby is merely property that can be dismembered/shredded in the manner that is most convenient for abortionists. However, the Supreme Court’s most recent abortion ruling of 2007 doesn’t invest abortionists with veto power over the state legislature:

“Physicians are not entitled to ignore regulations that direct them to use reasonable alternative procedures. The law need not give abortion doctors unfettered choice in the course of their medical practice, nor should it elevate their status above other physicians in the medical community.[Gonzales v. Carhart, p.163]

“The medical profession, furthermore, may find different and less shocking methods to abort the fetus in the second trimester, thereby accommodating legislative demand.[p.160]

There is more yet to be aired on what attorneys are claiming in “friend of the court” briefs now being digested by the Kansas appellate court

Teens at workshop

Rapt Teens for Life audience at KFL convention workshop

For a long time, Kansas was on the map as an abortion-friendly state. But the persistence of pro-life Kansans reversed that, and that indomitable spirit was on display Saturday at Kansans for Life’s state convention.

A big turnout at the Wichita Hyatt Regency began with a prayer breakfast and closed with a concert. In between, convention-goers were the beneficiaries of intense tutorials, workshops, panel discussions, and camaraderie.

There were three different program tracks throughout the day—General Audience, Latinos for Life, and Teens for Life.

close in teens

Teens at KFL convention

“Latinos and Teens,” said Convention organizer, KFL’s Development Director David Gittrich, “were especially energized to get equipped to educate and involve their peers in the effort to defend innocent human life.”

Comments from participants in all three tracks were extremely positive and many expressed their gratitude for the event.

The opening general session featured two of NRLC’s top talents: Burke Balch, director of the Robert Powell Center for Medical Ethics, and Mary Spaulding Balch, director of state legislation. The husband and wife team offered a joint exposition on “Pro-Life Lessons from Lincoln.”

This was a riveting explanation of the role the courts played in the civil rights movement, and how we can match those successes in the courts today using NRLC-supported legislation. One attendee said, “This is an absolutely remarkable defense of a strategy that will succeed!”

The afternoon general session featured international stem-cell expert, Dr. David Prentice, now at the Charlotte Lozier Institute, presenting an update on the successes of ethical stem cell therapies. Dr. Prentice is a founding member of the first-of-its-kind Midwest Stem Cell Therapy Center at the University of Kansas Medical Center, now in its third year of operation.

Gov. Brownback, NRLC's Mary & Burke Balch, Lt. Gov. Colyer

Gov. Sam Brownback, Mary & Burke Balch, Lt. Gov. Jeff Colyer

The audience was enthralled with the amount of stem cell clinical trials that are helping patients, including Kansans, and the medical marvels now occurring.

There was a broad selection of workshops available, including The Unborn Child’s Pain Capability, Why Judicial Reform is a Pro-life Issue, Threats to Receiving Life-sustaining Care in Kansas, and An Obamacare Alternative.

Latino and Teen tracks included topics tailored to their viewpoints and strengths.

Latinos for Life workshop

Latinos for Life workshop

Kate Gruver, from Pure and Simple, was a convention presenter and facilitated the Teens for Life track.  She said she was gratified to have so many people — including attendees from another state! “The teens were full of passion in their ‘standing for life,‘ and enjoyed learning from new perspectives,” she said.

Mary Spaulding Balch, did the “lifeboat” rationing exercise with the Teen track, and was very impressed to see so many young people who are passionate about protecting the lives of unborn children and the medically dependent.

“Their zeal is contagious,” she said. “Their participation is encouraging. The future looks bright.”

The Latinos for Life events “were very well received, with enthusiastic interaction,” reported Anna Myers, KFL’s Director of Hispanic Outreach.  The entire Latinos for Life track was in Spanish and attendees came from the far west to east end of the state.

It was Myers’ inspiration to close the convention with a highly successful Rondalla concert/rally featuring a variety of stringed musicians, and gospel singers.convention, Latinos for Life rondalla

Closing remarks for the day were delivered by Wichita Mayor Jeff Longwell, Lt. Gov. Jeff Colyer, and Gov. Sam Brownback. The Governor detailed 15 pro-life measures he had signed into law and told the happy crowd, “Kansas is pro-life and we are not going back!”

stop dismembering posterKansans for Life today submitted an amicus (“friend of the court”) brief, supporting Kansas Attorney General Derek Schmidt’s position in the matter of the ground-breaking Unborn Child Protection from Dismemberment Abortion Act.

The A.G. is appealing a lower court block on the law with a hearing scheduled Dec. 9 in front of the full, fourteen-member state Court of Appeals. The fact that this appeal is being expedited to the full court, instead of a 3-member panel, is extremely unusual and shows the high stakes involved.

The Unborn Child Protection from Dismemberment Abortion Act was enacted in Kansas this April (followed within days by Oklahoma). The Act is model legislation developed by the National Right to Life Committee that is designed to pass U. S. Supreme Court scrutiny and would prohibit the brutal shredding of unborn children while still alive inside their mothers.

According to state reporting data, Kansas has seen a rise in such horrific abortions, from 584 in 2013 to 637 in 2014. All three abortion businesses in Kansas offer such procedures, with one admitting on national television they cost around $2,000.00 apiece.

Abortions by dismemberment are done mainly after the first trimester, when the unborn baby is too large to pass through the suction tubing of the abortion machine. In a dismemberment abortion, the abortionist continually reaches into the mother’s womb with a variety of sharp-edged metal clamps and tools, yanking off parts of the child and pulling them out onto a tray.

Infamous abortionist LeRoy Carhart (who still holds a medical license in Kansas) has described this procedure in court as “dismembering” and recounts how he uses ultrasound guidance so he knows that these unborn victims are still alive, with hearts beating, as the procedure unfolds.

medical arm with abortion toolAlthough pro-abortionists (and nearly every media outlet) refer to these abortions as D&E abortions, D&E is actually a broader term, encompassing the removal of baby body parts—whether parts are torn off of still-alive unborn children or taken off unborn children already dead through the intentional administration of a feticide or by the snipping of the umbilical cord. The Kansas and Oklahoma Acts only bar dismemberment abortions performed on a still-living unborn child.

Abortion attorneys are claiming that women’s health demands this barbaric procedure. This was also their claim when it came to partial-birth abortions, which the U. S. Supreme Court rejected in their 2007 Gonzales ruling. In that decision, the Court upheld that the federal ban on partial-birth abortions — forbidding an inhumane abortion procedure in order to show respect for the developing unborn child and to regulate medicine — was a proper exercise of legislatures.

The impetus for a ban on dismemberment abortion was the actual written comments by the Justices in the Gonzales decision, and in an earlier partial-birth ruling, Stenberg, that acknowledged the horrific abortion procedures.


Justice Ginsburg

Justice John Paul Stevens, an abortion supporter, in comparing partial-birth abortion to dismemberment abortion, said, “that the State furthers any legitimate interest by banning one but not the other, is simply irrational.” [Stenberg v. Carhart, 530 U.S. 914, 946-947]

Justice Ruth Bader-Ginsburg, an abortion supporter, said both methods “could equally be characterized as ‘brutal,’… involving as it does ‘tear[ing] [a fetus] apart’ and ‘rip[ping] off’ its limbs.” [Gonzales v. Carhart, 550 U.S. 124, 181, 182]

The Court essentially encouraged states to bar abortion methods that, ”might cause the medical profession or society as a whole to become insensitive, even disdainful, to life…” Stenberg v. Carhart, 530 U.S. 914, 961

Barbarism is exactly what the Kansas and Oklahoma legislature intended to stop when enacting the Unborn Child Protection from Dismemberment Abortion Act, yet both states have been blocked by court injunctions from allowing this law to go into effect.

Shawnee District Court Judge Larry Hendricks has apparently not read the relevant U.S. Supreme Court rulings. His decision to issue an injunction in June (read more here) blocking the Act declared that it:

  • would be an unacceptable limitation (“undue burden”) on the so-called right to abortion created by Roe in 1973 (as the abortion attorneys interpret it) and
  • violates an even broader “right” to abortion that the judge says exists in our 1859-adopted Kansas Constitution.
Judge Hendricks

Judge Hendricks

The argument that Kansas has any right to abortion enshrined in our state Constitution has repeatedly been rebutted and called “a fantasy” in filings from the Attorney General.

Furthermore, the U.S. Supreme Court said in Gonzales that abortionists do not have any right to demand certain procedures: Physicians are not entitled to ignore regulations that direct them to use reasonable alternative procedures. The law need not give abortion doctors unfettered choice in the course of their medical practice.” [Gonzales v. Carhart, 550 U.S. 124, 163]

The abortionists’ argument that the Dismemberment Abortion ban restricts a “common” method is actually a plea that they be allowed to keep methods that are more expeditious and profitable for them.

Kansans for Life’s amicus brief amplifies why this Act conforms to the U.S. Supreme Court’s position that some abortion methods are unacceptable and “will further coarsen society to the humanity of not only newborns, but all vulnerable and innocent human life, making it increasingly difficult to protect such life.’ “[Gonzales v. Carhart, 550 U.S. 124, 156-157]

CMP TexasIndependent citizen journalists at the Center for Medical Progress (CMP) have been releasing under-cover videos since July 15 that detail how abortionists dismember unborn children and harvest baby body parts for profit.

The most recent 9 min. video was officially released Tuesday, Oct. 27 and is available here.  (unedited footage here) Taped in October 2014, it details brutal abortion methods used on pain-capable unborn children at 4-5 months gestation in Austin, Texas. (read more here)

Despite the near-refusal of the mainstream media to feature news about CMP’s historic detective work, the tapes have sparked Congressional hearings and state investigations of Planned Parenthood, as well as huge public protests and general community outrage. Fetal trafficking and the push to remove government funding of Planned Parenthood are now part of GOP presidential candidates’ stump speeches.

As CMP unveiled more damning evidence each week, the National Abortion Federation (NAF) obtained an injunction in August that prevented CMP from public release of footage taken at NAF conventions. Congress nevertheless subpoenaed the enjoined footage, and it was leaked to Gotnews.com. and published late Friday, Oct. 23. The court-blocked NAF footage, about 5 hours total, is available here.

The footage has no transcript, as CMP was under court order not to release it in any form, so some names of the participants are unclear. However, much can be gleaned from what is captured on film at NAF conventions in 2013 and 2014.

The subjects discussed at abortion trade conventions are, predictably, how to improve industry morale and re-frame current pro-life victories. The topics of the three workshops in the videos released Friday are:

  1. abortion informed consent as “unethical”,
  2. the “nightmare” of fetal remains disposal, and
  3. “self-care” for abortion suppliers.

The remainder of this post will cover Topic 1 with a follow up post covering the second and third topics.

EHD portal WRTK (2)

Kansas requires that abortion clinics provide a link to state-provided info about fetal development on their website homepage.

In the video from the NAF 2013 convention, the presenter (her name was not available) preaches that abortion is generally a ‘no-remorse’ endeavor and slammed state-mandated information for pointing to the unborn child’s presence and the possibility that a rushed abortion decision process is flawed.

The speaker bemoaned that abortionists are “conscripted by the state to be their agents” when it comes to supplying pre-abortion informed consent data. She complained, “what is sometimes called women-protective legislation reverses 40 years of progress in bio-ethics toward respect for patients’ moral agency.”

Yet her statement is absurd! Full and free patient consent rests on evaluating all relevant information. But not to this presenter. She described laws requiring ultrasound viewing, abortion risk data, and waiting periods as a “Trojan Horse –and in the horse are paternalism, concerns for the fetus and disrespect for the woman as a moral agent.”

As proof, she says she read a sociologist’s interview of women “who reported emotional difficulty around their abortion” and “only one of the 18 reactions she documents fits the category of decisional regret.” But that’s only a convenient article that proves nothing.

For the NAF presenter, however, “abortion decisions” are moral acts that can never be “wrong.” She said, “all decisions are just best guesses.”

The audience was told that regret is very common and natural: “Every patient assumes some risk of physical or psychological harm when they ask a physician to alter their body.” She uses an example of regret about knee surgery. [Do I really need to say here that unborn children, unlike knees, are not parts of the woman’s body?]

Silent no more postersThe video shows the NAF workshop audience was asked how familiar they were with “those abortion regret signs” and there was loud affirmation. The signs referenced are from the Silent No More campaign, with the wording, ‘I regret my abortion’ and ‘I regret lost fatherhood.’

The workshop presenter said that regret was a general phenomenon  and proceeded to equate unsatisfactory employment and unhappy marriages with post-abortion remorse.  She claimed, “if  I had a terrible divorce and regretted marriage, and my sister seemed to be making a similar marital choice based on similar reasons” it’s OK to warn her but “unreasonable to stand outside a church with a sign ‘I regret my marriage’…we have resources to help you stay single!”

The audience laughed loudly… too loudly…at that. Obviously, those “I regret abortion” signs are making a big impact; witnesses are warning that reality will eventually catch up to participants in abortion.

The presenter added a final claim of ‘victimhood’, stating that abortion consent regulations are a product not only of gender bias, but also of generational bias! After all, she pointed out, “legislators in their fifties, sixties and seventies have a hard time putting themselves back in the shoes of people in their twenties…[the ages] when 75% of abortions occur.”

The closing encouragement from the presenter was that although they are losing the legal argument against informed consent regulations they still hold the ethical high ground “because those regulations are unethical.” Now that is pure delusion.

This half-hour video showed how the abortion industry relies on inauthentic bio-ethics and fanatic feminism to justify every abortion and to vilify state-prepared relevant facts and community warnings of post-abortion regret.

Former AG Kline

Phill Kline

UPDATE Oct. 26 Kline case transferred to Oklahoma court
Former Kansas Attorney General Phill Kline has filed suit in federal court to have his law license reinstated, due to procedural errors on the part of the Kansas State Supreme Court in their Oct. 2013 ruling.

Kansans for Life Executive Director Mary Kay Culp said,

“Former AG Phill Kline was willing to carry the ball further than anyone against the Kansas late-term abortion cartel, and paid the price for it. He has every right to move to get his license back.”

According to today’s story by Topeka Capitol Journal reporter Justin Wingerter,

“the Kansas Supreme Court [found]’clear and convincing evidence’ that Kline had acted unprofessionally as he pursued criminal charges against abortion providers.  “The violations we have found are significant and numerous, and Kline’s inability or refusal to acknowledge or address their significance is particularly troubling in light of his service as the chief prosecuting attorney for this state and its most populous county,” the Kansas Supreme Court wrote in disbarring Kline.”

Kline’s disfavor with the Supreme Court began with his office’s attempted prosecution of child rape and illegal abortions in 2003.

The state’s attorney ethics division (subject only to the Supreme Court) had pursued charges against Kline’s conduct even after their own investigative staff recommended they not do so and even after a panel recommended only a suspension.

Before the final ruling was decided, Kline had formally challenged the bias of the Supreme Court in the revocation matter and –in a notably unprecedented move–five members recused themselves, leaving only two justices and replacements to decide the matter.  Kline’s suit claims that the state Constitution requires no less than four justices may legally issue such a ruling.

The perception of a wrongful direction of the court was voiced by 90 state representatives and senators in a March 2011 press conference calling for the government to prosecute child rape cover-ups at Planned Parenthood instead of “persecuting” former AG Phill Kline. Legislators asserted:

  • During the 2001-2003 time frame, Kline discovered there were 249 recorded abortions performed on children 14 years of age or under, but only 2 child abuse reports made, one from Planned Parenthood and one from the now-closed clinic of George Tiller.
  • An unholy alliance existed in this state for 8 years between the former Governor Sebelius’ administration, the abortion industry and the Courts.
  • Kline has been cleared by the disciplinary administrator’s own investigators, and further, his conduct has been approved by multiple judges.

It is significant that even the Supreme Court’s then-Chief Justice Kay McFarland felt compelled to write this extraordinary comment in one of the several cases surrounding the attempted prosecutions of the abortion industry:

“It appears to me that the majority invokes our extraordinary inherent power to sanction simply to provide a platform from which it can denigrate Kline for actions that it cannot find to have been in violation of any law and to heap scorn upon him for his attitude and behavior that does not rise to the level of contempt. This is the very antithesis of ‘restraint and discretion’ and is not an appropriate exercise of our inherent power.”

convention titel finalThe pro-life movement in Kansas is at a critical point in its history and Kansans for Life is holding a state convention on Sat., Nov. 14, to unite pro-lifers behind a plan for success.

The mobilizing crisis is a Topeka judge’s ruling in June that our 1859 Kansas state constitution contains a newly-discovered right to abortion –separate and distinct from the abortion legalization imposed on all states in 1973 by the Roe v Wade ruling.

This outrageous court development was consistently forewarned by Kansans for Life. The ruling is being appealed, but if we should lose, every state pro-life law will be lost, and Kansas tax-payer funding of abortion will be mandated!

A successful strategy is already in play–and will be detailed by national and state experts at the convention. To win, we need all pro-lifers “rowing in the same direction” and joining with fellow Kansans at this convention is the key.

This convention will also feature a variety of workshops and exhibits on abortion, stem cell innovations, rationed healthcare, advanced directives, pastoral concerns and community outreach.

The KFL convention will be held in Wichita with three separate tracks, tailored to address specific viewpoints and strengths:

  1. General Audience
  2. Latinos for Life
  3. Teens for Life.

A very low cost of $30 per person provides breakfast, lunch, all workshops, a convention book, gift bag and a closing musical gala.

No matter what your chosen role is in this pro-life battle, we guarantee you will be empowered and energized at this convention!

Paid pre-registration is absolutely required, and closes Nov. 6.

See the promotional flyer here, listing the speakers and workshops, along with the registration form.

ProlifePowerSurgeThe U.S. House passed two significant pro-life bills this morning with the support of all four Kansas U.S. Reps. The bills now head to the U.S. Senate.

  • H.R. 3504 strengthens penalties for those who don’t protect babies born alive during induced abortions. It passed 248 – 177.
  • H.R. 3134 defunds Planned Parenthood for one year, exempting facilities that do not perform abortions (with exceptions). It passed 241 – 187.

Born-alive abortion survivors and the defunding of Planned Parenthood are not new issues for legislation, but 10 undercover videos released by the Center for Medical Progress have renewed public outrage at abortion business practices. Three Congressional investigations of Planned Parenthood are underway.

Predictably, President Obama, who is a strong supporter of Planned Parenthood, has promised to veto both bills as “threatening the sacred doctor/patient relationship.” Read more here.

It is already illegal not to medically care for babies who have escaped death during an abortion attempt under both Kansas law since 1997 and federal law  since 2003 (read more here). Yet– in their own words on the videos– Planned Parenthood physicians and tissue procuring personnel reveal that born-alive babies are not given medical care, but treated merely as more valuable sources of organ harvesting:

  1. Dr. Savita Ginde, Medical Director of Colorado’s Planned Parenthood Rocky Mountains is taped saying, “sometimes we get—if someone delivers before we get to see them for a procedure—they are intact…”
  2. One fetal tissue broker describes watching a “fetus …just fall out. And left to die.”
  3. Procurement technician Holly O’Donnell shamefully admitted that she’d been ordered to harvest an intact brain from a late-term male unborn baby whose heart was still beating after the abortion at Planned Parenthood Mar Monte’s Alameda clinic in San Jose, California.

H.R. 3504, the Born-Alive Abortion Survivors Protection Act requires that the same degree of professional skill, care, and diligence be exercised to preserve the life and health of the child as would be rendered by a reasonably diligent and conscientious health care practitioner. Violations include fines and/or up to five years jail time. The Act also provides for civil remedies for victims.

H.R. 3134, the moratorium on federal funding of Planned Parenthood, is based on the alleged criminality of the nation’s largest abortion business. This bill would remove more than $528 million dollars in tax money that goes annually to PP and specifically reallocates $200 million to Federally Qualified Health Centers. See more here.

We in Kansas enjoy a wonderful confidence that all our federal elected officials are strongly pro-life, without reservation. Please contact our Kansas U.S. Reps to thank them for standing strong for life: Dist.1 Tim Huelskamp, Dist.2 Lynn Jenkins, Dist.3 Kevin Yoder, Dist.4 Mike Pompeo.


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