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One of many Wichita pro-life help centers

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

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

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

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

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

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

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

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

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

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

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

What a great perspective!

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

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

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

A large variety of services are readily available, including

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

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

U.S. Sen. Pat Roberts (R-KS)

U.S. Sen. Pat Roberts (R-KS)

Kansas’ U.S. Sen. Pat Roberts has taken a leadership role in battling government restrictions on health care and to that end, on Tuesday filed the “Repeal Rationing in Support of Life Act,” see video here.

This is the third in a series of bills, part of a comprehensive effort by Sen. Roberts, to prevent the federal government from limiting access to life-saving medical care for patients at all stages of life.

“Obamacare has made many Americans fearful that cost-cutting and rationing of care will limit their options for health care at a time when they are vulnerable–when they are sick or battling a life threatening condition,” Roberts said. “By introducing this bill, we are fighting against hidden barriers to treatment and life-saving medicine.”

Roberts’ bill targets four rationing provisions of Obamacare for repeal:

1) the “excess benefit” tax coming into effect in 2018, which unfairly limits employee plans from keeping pace with medical inflation;
2) the current exclusion of adequate health insurance plans from the exchanges;
3) limits now curtailing senior citizens’ ability to add their own money in addition to Medicare payment for health insurance including Medicare Advantage; and
4) federal limits on the care doctors are allowed to give their patients.

Roberts’ legislation (see bill details here) is endorsed by the National Right to Life Committee, which has delineated rationing dangers in Obamacare in this NRLC report and in a recent Q & A article here.

Mary Kay Culp, executive director of Kansans for Life, stated, “Obamacare authorizes Washington bureaucrats to create one uniform, national standard of care that is designed to limit what private citizens are allowed to spend to save their own lives. We commend Senator Roberts for his bill and his consistent leadership to end Obamacare’s rationing.”

The bill is cosponsored by Senators Jerry Moran (R-KS), Jim Inhofe (R-Okla.), Thad Cochran (R-Miss.), and Roger Wicker (R-Miss.).

up down arrows (2)Abortions decreased by 1.6% last year, according to the annual preliminary report from the Kansas Department of Health and Environment (KDHE) released last week (see here). This figure includes all abortions within state boundaries as well as abortions obtained in other states by Kansas women and teens.

Kansas’ estimated 2013 abortion total is 7,479, compared with the adjusted final total of 7,598 in 2012, which is a slowing of the 5.6% rate decrease in 2012. But in whole numbers, this year’s total of Kansas resident abortions is approaching a historic low milestone–the 3,709 total of Kansas resident abortions reported in 1971. (Update April 2: typo corrected to read 3,709)

Unfortunately, Kansas is zooming ahead from a 30.1% ratio in 2012 of

abortions “by pill” (using Mifepristone, also called RU-486) to a whopping 38.8%

in 2013! This far outstrips the 2011 national RU-486 average of 22.2 % reported by the abortion-supporting Guttmacher Institute.

As has been the case for the last 5 years, half of Kansas abortions were obtained by non-residents, 3,722 in 2013, of whom 3,611 hailed from Missouri. This is very likely due to the fact that there is a Planned Parenthood situated just over the Kansas-Missouri state line in Kansas City, on the Kansas side. By contrast, only 147 Kansas females obtained abortions outside their home state last year.

In 2013, Kansas lost 3,757 unborn Kansans to abortion, a slight decrease from the 3,802 in 2012. However, that number is subject to change, as other states are later than Kansas in issuing annual notices of abortions obtained by nonresidents, and the Kansas total may yet rise a bit.

The KDHE report shows some sad statistics similar to nation-wide patterns:

  • 89% of these abortions were done before 12 weeks gestation;
  • 86.5% of these women were unmarried;
  • 60% of these women had one or more living children;
  • 36% of these women had one or more prior abortions.

Kansas bans abortions from 22 weeks gestation onward, due to enactment of the Pain-capable Unborn child Protection Act in 2011. The only legal exceptions for such abortions are to prevent either the death of the mother or substantial and irreversible physical threats to her health. In 2013, two post-22 week abortions were reported in Kansas, and two obtained in other states by Kansas women.

pp money (2)A three-member panel of the Tenth Circuit Court of Appeals today overturned a Kansas federal district court ruling that Planned Parenthood was unfairly disfavored and penalized by a 2011 funding authorization. The case was sent back to Judge J. Thomas Marten, who had remarked that he expected to be overruled in this matter.

The case stems from a 2011 lawsuit filed by Planned Parenthood of Kansas & Mid-Missouri on behalf of their Kansas abortion-referral facilities in Wichita and Hays. Both clinics became ineligible to receive Title X federal family planning funding when the state enacted an annually-renewed proviso that such money go to full-service public health clinics and hospitals.

Planned Parenthood claimed they would be “irreparably damaged” without “its” Title X funding. However, Dr. Robert Moser, head of the state health department that selects recipient facilities, described Title X funds as belonging to the state taxpayers, remarking that, “Title X was not intended to be an entitlement program for Planned Parenthood.”

The appeals panel ruled that

Planned Parenthood lacked standing to pursue its claims in federal court, and that its claim of a First Amendment violation lacked merit.

Planned Parenthood had argued that they were losing out on money due to impermissible “anti-abortion” animosity from the legislature and Gov. Sam Brownback. But the Kansas proviso doesn’t mention anything about providing or supporting abortion; it merely prioritizes that Title X grants go to local health department clinics.

Planned Parenthood also claimed that the state could not impose additional requirements for facilities to obtain Title X funding–in this case, maximizing use of a federal grant program to support health care for the poor. Court documents revealed that women at or below poverty level comprised merely 15% of Planned Parenthood’s Kansas clients, while

similarly economically disadvantaged women comprised 78% of those served by the health department in Wichita, which would have received the Title X grants.

Judge Marten ruled in August 2011 that the Kansas health department must continue to fund two Planned Parenthood businesses while litigation continued. In October of 2011, he ordered additional funding to another family planning clinic in western Kansas, which closed 14 months later. To date, at least $400,000 has been paid out to those three clinics by Marten’s order.

In the last three years, abortion advocates and clinics have sued four Kansas pro-life measures:

  1. Kansas won the first lawsuit, challenging a 2011 law that excludes elective abortion from private health insurance coverage without a “rider.”
  2. Kansas has won the appeal (today) that Planned Parenthood had no standing to sue in federal court for perceived discrimination in Title X eligibility.
  3. An abortion-friendly state judge has stalled litigation on the 2011 pro-life abortion clinic licensure law, under injunction.
  4. Abortion interests failed to block the comprehensive 2013 Pro-Life Protections Act with the exception of two tiny provisions which are being addressed.

Kansas pro-life legislation is well-drafted and being defended by talented attorneys working for the state Attorney General.

Past Board director enabled Neuhaus

Past Board director, Larry Buening, enabled Neuhaus

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

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

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

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

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

Judge Theis ruled, “there is not sufficient proof to support the board’s findings of ‘professional incompetency’…based on Neuhaus’ failure to maintain adequate records to support the diagnosis.” Instead, he

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

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

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

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

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

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

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

Failed Neuhaus

Kris Neuhaus

Late Friday, Shawnee County District Judge Franklin R. Theis quietly issued a ruling in favor of former abortionist Ann Kristen (Kris) Neuhaus, overturning the State Healing Arts Board’s July 2012 revocation of her license and wiping out her $93,000.00 debt of assessed court costs. (Note, Neuhaus has already achieved $63,000.00 to pay that debt, pledged here.)

Neuhaus’ license was revoked for negligence and failing to meet the standard of care in eleven cases in 2003, in which she had “approved” young teens  to obtain post-viability abortions from the late George Tiller in Wichita, on grounds that –without those abortions–they would suffer irreversible mental harm. (see more info herehere, and here)

The Board’s revocation case had gone to trial under administrative law judge Edward Gashler, who ruled that Neuhaus had demonstrably failed to keep accurate and complete medical records, as required by law.

Neuhaus’ inability to practice medicine was long documented in her disciplinary history, first with limitations in 1999 due to “failure to maintain complete and accurate records.” Soon after, the Board found in 2000 and 2001 that Neuhaus violated the standard of care due to “no focused physical examination,” failure in “ monitoring vital signs”, and “no anesthesia record”—actions the Board said “create a danger to the public.”

While Theis upheld Neuhaus’ record-keeping failure, he overturned Gashler’s assessment that Neuhaus had “seriously jeopardized” patients’ care with inadequate mental health exams. Theis sent the case back to the State Healing Arts Board for review.

As reported by the Associated Press, executive director, Kathleen Lippert Seltzer, said the Board will meet within the month to decide whether to rehear the case or instead, file an appeal of Theis’ decision.
(UPDATE Mar. 14: Board  unanimously agreed to appeal Thies’ ruling; see AP story)

AP also quoted Bob Eye, one of Neuhaus’ attorneys, as saying Theis’ ruling is “pretty consistent” with their arguments.  Gee, what a surprise—Theis is on their side?

ABORTION LAWYER SAVES JUDGE
Eye’s former law partner, Planned Parenthood counsel Pedro Irigonegaray, orchestrated (and helped fund) a successful last-minute rescue of Theis’ job in 2004. This was a response to an ad hoc group of Shawnee County citizens who were justifiably outraged at Theis’ leniency to child molesters in three cases and sought his defeat.  However, with the help of Irigonegaray and attorney donations for TV and radio ads, Theis eked out a narrow 51% victory. (read more here and here)

Pro-lifers are infuriated that this same Judge Theis has been “sitting on” another Kansas abortion lawsuit, brought against the Kansas 2011 abortion clinic regulation law. Theis has indefensibly allowed NO ACTION to proceed in this lawsuit brought by the Overland Park abortion duo of Herb Hodes and daughter Traci Nauser. The 2011 law—which is not in effect to Theis’ stubborn inaction for over two years—would:

  • create licensure standards for abortion businesses with requisite hospital privileges;
  • allow Health department inspections, including one annual unannounced visit;
  • mandate reporting of abortion-caused injuries;
  • insure chemical abortions are administered in person (not via “webcam”).

Kansans for Life has prioritized educating pro-lifers about the dire need for reforming the judicial nominating procedure in our state, to be more reflective of the Kansas public and less a tool of the abortion industry.  Judge Franklin Theis is a prime example of the need for such reform.

Rep. Steve Brunk, lead sponsor of Alexa's Law

Rep. Steve Brunk (R-Wichita) lead sponsor, Alexa’s Law

It has been well documented for decades that pregnant women have been attacked and murdered in order to kill their unborn children. The development of abortion-inducing drugs, however, has produced an increasing crime wave of abortion by trickery.

There was nationwide news coverage of the trial and conviction this month of Floridian John Andrew Welden for committing abortion by secretly swapping his pregnant girlfriend’s medication with abortifacient pills that killed their unborn child.

Now comes the indictment of a Kansas man for allegedly sneaking crushed abortion pills into his girlfriend’s pancakes, killing their unborn child.

On Tuesday, the office of Kansas Attorney General Derek Schmidt issued this criminal complaint against Scott Robert Bollig for first degree murder, attempted first degree murder, aggravated battery and distributing adulterated food, causing the death of an unborn child at 8-10 weeks estimated gestation.

Part of the pro-life agenda has been to pass laws that uphold the full humanity of the unborn child, including prosecution for both victims following crimes committed against pregnant women and their unborn children.

The criminal complaint against Bollig is based on just such a law– “Alexa’s Law,”– passed in Kansas in 2007, read more here and here.

Kansas was the 35th state (of now 37) to pass such a law, modeled on the 2003 federal “Unborn Victim of Violence Act” designed by the National Right to Life Committee. (see this NRLC list)

Alexa’s Law protects unborn children from fertilization through full term, while some states have enacted limited protection after viability.

Within six months of passage of Alexa’s Law, two pregnant women and their unborn children were murdered in Kansas, and their murderers convicted under this law. Here are the cases known to Kansans for Life that have since utilized Alexa’s Law for charging and convictions:

  1. Sedale Fox was convicted of two first degree murders for shooting his girlfriend to death and the death of their unborn child on Jan. 8, 2008. Read more here.
  2. Andrew Guerrero was convicted for three murders by shooting, committed on Feb.3, 2008—his ex-wife, her 8-month-old infant and an additional unborn child detected in autopsy. Read more here.
  3. Jason Cott was convicted of two counts of first degree murder for the Jan. 20, 2010 strangulation of his wife and death of their unborn child. Read more here.
  4. Ricardo Barnhart was convicted of two counts of aggravated battery for the beating of his wife and injury to their 38-week gestation unborn child on March 19, 2013; mother and child survived. Read more here.
  5. Richard Bennet was charged with 2 counts of attempted murder for the stabbing of his pregnant ex-girlfriend on June 18, 2013. she and the unborn child survived the attack. Bennet was sentenced to parole on lesser charges after the girlfriend later died in a freak accident before his trial. Read more here.
  6. Bryant Seba has been charged with two counts of first degree murder after he allegedly shot and killed his pregnant neighbor and unborn child on July 24, 2013. Read more here.
  7. Scott Bollig has been charged with first degree murder for the premeditated murder of his unborn child, Jan. 26, 2014; the mother survived, after allegedly being tricked into eating abortion-causing medication. Read more here.

“Alexa’s Law”—a tool enacted to uphold the value of any human victim of crime– is being utilized in crimes of abortion “by deceit” not even envisioned when the law was passed.

Pro-lifers are working diligently on all fronts to overturn the unjustifiable legalization of abortion, including building a cache of laws that recognize the humanity of the unborn and protect the unborn whenever possible.

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