Archive for September, 2011

District Judge Wesley Brown

UPDATE, Thurs. Sept. 29 : Judge Brown denies ACLU injunction

Kansas’ new health insurance law barring elective abortion coverage in private insurance plans without individually-purchased “riders” passed its first hurdle last Monday.  That’s  when U.S. Magistrate Kenneth Gale forwarded his recommendation to U.S. District Judge Wesley Brown that a preliminary injunction be denied.

(Noteworthy is that Brown, age 104 and appointed by President Kennedy in 1962, ties an age record for the federal bench. He is phasing out his criminal caseload but still hears civil cases, relying on other judges to work up a recommendation.)

The ACLU of Kansas & Western Missouri had sought a preliminary injunction based on the claim that the lack of insurance-paid abortion showed gender discrimination and functioned as an impermissible “tax” on abortion. 

However, similar laws protecting the conscience rights of employers and employees in seven other states [Idaho, Kentucky, Missouri, Nebraska, North Dakota, Oklahoma, Wisconsin] have survived (more…)

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Carol Tobias, NRLC president

Federal law now recognizes the humanity of the unborn child in yet another way as research scientists are now banned under U.S. patent law from taking out a patent on a human being they create in the lab.

National Right to Life played a key role in getting a ban on the patenting of human beings in the new patent law.

A patent is a government-conferred property right that gives an inventor exclusive rights to manufacture or use his invention for a defined period, usually 20 years. The patent holder can license others to employ his patent for a fee, called a royalty.

Early in the year, when it became clear that Congress was likely to take up a sweeping revision of the patent laws, NRLC insisted on inclusion of language to codify (make permanent) a previously enacted temporary prohibition on any patents being issued on human embryos.

Some scientists and the companies they work for want to clone or create “experimental human beings” that they can experiment on and perhaps earn profits from. (more…)

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Dr. Allen Greiner

Days 4 and 5 of Kansas’ medical board hearing against failed abortionist and George Tiller collaborator, Ann Kristin (Kris) Neuhaus, continues to present evidence in favor of revocation of her medical license, which has already been limited to ‘charity care’.

Her defense team had several gaffes. On Thursday, defense witnesses who had worked for Tiller (including a Sara Love who now works for late-term abortionist LeRoy Carhart) were excluded because they were not properly isolated from hearing each other’s testimony. On Friday, the defense’s lone medical witness, Dr. K. Allen Greiner, caused the entire hearing to recess to an as-yet-undecided future date, to protect against him perjuring himself  during cross examination.

Earlier in the day, Greiner fully backed Neuhaus’ standard of care, which is the issue of the hearing, and said it “exceeded that of ordinary family practitioners”. Under cross examination, however, Greiner’s bias was discovered, in that he:

  1. was a friend and mentor whom Neuhaus asked to testify when the defense could find no other;
  2. had placed Neuhaus in his KU program without her supplying any of the required medical references;
  3. had discussed the 11 files in question extensively with Neuhaus, instead of taking them at face value.

His “expert value” as a KU professor and family practitioner continued downhill when he was asked the rather perfunctory question (more…)

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Magistrate Judge Kenneth Gale

UPDATE, Sept. 19: Gale recommends injunction denial to Judge Wesley Brown, who will issue the final decision.

Kansans for Life attended a 90-minute hearing today in front of U.S. Magistrate Judge Kenneth Gale in federal court in Wichita.

The hearing was about emergency action (a preliminary injunction) to halt the new Kansas law ending abortion coverage in private health insurance plans.

At the hearing, the American Civil Liberties Union (ACLU) was pressing for the injunction on behalf of unnamed women who will lose current abortion coverage.  They claim this is sex discrimination that prevents women from buying plans covering all of their “health-care needs” while imposing no limitations on the medical needs of men.

Judge Gale appeared to favor the ACLU while frequently interrupting Kansas Solicitor General, Stephen McAllister, handling the state’s defense.

The ACLU was supposed to show irreparable harms (more…)

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A bombshell opened the third day of testimony in a week-long administrative hearing challenging the medical fitness of a former associate of George Tiller, Ann Kristin (Kris) Neuhaus.

Neuhaus’s file of “Patient #10” showed the “mental health exemption” diagnosis– legally required before obtaining a post-viability abortion– was time-stamped one week after the date of the abortion!

Psychiatric expert, Dr. Liza Gold, has been testifying this week in Topeka about eleven patient files from Neuhaus that the state Healing Arts Board believes illustrates medical negligence and failure to follow the standard of care.

For years, Kansas pro-lifers worked to end the “referral” scam for late-term abortions in Wichita, in which a

failed abortionist (Neuhaus) was issuing “psych” referrals of “substantial and irreversible harm to the mother” to justify post-viability abortions.

Dr. Gold explained that there are essential components that should be documented in the record of any psychiatric evaluation. The medical standard of care requires at least some of them be in found in the medical record …but “Neuhaus doesn’t have any of them.”

The scant documentation in Neuhaus’ (more…)

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Kris Neuhaus' psych referrals bashed

Nine of eleven case files for Kansas post-viability abortions were examined today by psychiatric expert, Dr. Liza Gold.  All girls were minors, aborted at the Wichita facility of George Tiller in 2003, and most were non-residents.

These late-term abortion referral files of Ann Kristin (Kris) Neuhaus showed a stunning lack of mental health evaluations, clinical evidence and valid patient analyses.

Kansas State Healing Arts Board attorney, Reese Hays, meticulously reviewed with Dr. Gold the contents of these files (redacted of names) on this second day of a long-overdue administrative hearing. 

Kansas law permits post-viable abortions only to prevent death or “substantial and irreversible” harm to “a major bodily function” of the mother– which (until a new pro-life law went into effect this July) had included mental health.

The Board is not arguing that the diagnoses Neuhaus assigned were not substantial and irreversible— because they aren’t.  Rather, they are arguing that her process grossly strayed from professional protocols about the accepted elements of consultation and the components to be found in the patient record.  Gold explained that it was “below the standard of care” for Neuhaus to have used a computer generated answer tree to generically assess the pregnant girls.

  • In case files #7 and #11, teens were assigned a mental disorder ranking equivalent to the medical emergency grounds for involuntary commitment! Yet these (more…)

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Psych expert , Dr. Liza Gold

The Kansas Board of Healing Arts intends to prove that abortionist Ann Kristin (Kris) Neuhaus failed to meet the standard of care when supplying late-term abortion referrals to George Tiller in 2003. The charges were filed in April 2010 and the hearing began Monday in Topeka.

The state’s case relies on the testimony of well-credentialed, east coast psychiatrist, Dr. Liza H Gold. She says that the psychiatric manuals and computer program that Neuhaus twice officially admitted to using–
for psychologically diagnosing women seeking late-term abortions
— both come with explicit warning “not to use them as cookbooks” to be applied mechanically by untrained individuals –like Neuhaus.

Gold reviewed files from Neuhaus and Tiller, as well as Neuhaus’ self-damaging testimony taken by former AG Phill Kline and her sworn statements in the Tiller misdemeanor trial of March 2009. Gold ticked off numerous deficiencies in the medical records of the 10 minors and 1 adult female whom Neuhaus “psychologically evaluated”, often for as little as 15 minutes, before stamping them with irreversible and substantial damage that justified aborting viable babies.

Neuhaus’ attorney Bob Eye asserted that abortions had not (more…)

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Look how few abortion cheerleaders turned out for a very heavily advertised rally at the Statehouse Wednesday– you can get to 24 attendees without counting the 5 reporters. Of course, the mainstream media took tight photos (here and here) to pretend there was a significantly- sized crowd there to justify coverage.

The “rally” was scheduled to last 2 hours, with music, and was organized by 3 KU young women to be featuring ACLU, N.O.W., MAINstream coalition, Planned Parenthood, “Moms for Choice,” and the misnamed “Trust Women” Political Action group (the re-imaged group begun by George Tiller). That works out to about 4 members each…

KFL did not bother to attend, as we had heard enough spin at the earlier public meeting about state health department licensure regulations, particularly, from N.O.W.’s state coordinator, Kari Ann Rinker, known for her unrestrained rhetoric. (more…)

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Rep. Mast recounted constituent reports of abortion abuse

Abortion supporters demanded abortion be made legal so it could be safe.  Thus, it is they who should be at the forefront of hounding state officials to monitor and close woman-injuring, outrageously deficient abortion businesses. But they are not.

Kansas abortion facility oversight was introduced in 2002 and has been shepherded by Kansans for Life through its passage this spring as House substitute bill 36.

The need for such a law was based originally on a corrupt State Healing Arts Board that ignored documented abortionist malfeasance, including 4 (later, 5) patient deaths.

In Kansas, any physician who has failed in another medical field (including a lung specialist, and a psychiatrist) can “take up abortion” without formal ob/gyn training. Patient mistreatment and botched abortions do not quickly catch up with such practitioners because

the shame factor hinders injured women from contacting state regulators or filing lawsuits as freely as they would for other kinds of medical malpractice.

From the outset, Kansas abortionists have adamantly denied the validity of state inspection and that position continued today at a public hearing required before abortion licensure regulations can become permanent.

The new health agency regulations were blasted as ridiculous, “written by committees without doctors” and “not helpful to women” (!) by N.O.W, Planned Parenthood executives and abortionist Herb Hodes (who’s suing the regulations).

Rep. Peggy Mast (R-Emporia) attended today’s hearing and was especially irritated by such assertions. She testified it was unbelievable that an organization that claims to speak for women could (more…)

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Mother's "relationship" to unborn child finally wins in court

South Dakota scored a win when a 3-member appeals panel ruled Friday that abortion-seeking women must be informed they have a legally protected “existing relationship” with their unborn child.

Unfortunately, the same Eighth circuit panel upheld a lower court decision quashing an informed consent warning to women that abortion elevates suicide risk; the court opined the link was unproven and may not exist.

Ironically, on the very same day, came news of a huge “study of studies” in a prestigious psychiatric journal, which supports what certain judges bristle at– that abortion causes significant mental harms.

So why can one court deny the existence of what an international journal exposes? Because not one official U.S. study on abortion harms has ever been conducted.  Somehow, the National institute of Health and the Center for Disease Control have managed to ignore studying the most common elective surgery done on women– abortion.

This criminal absence of authentic scientific studies on abortion by governmental health authorities helps activist judges use Planned Parenthood arguments to stall pro-life laws.

Although Kansas is in a different appellate division (the tenth) from South Dakota, the latter’s experience with pro-abortion rulings from U.S. District Judge Karen Schreier and Eighth Circuit court of appeals Judge, Diana Murphy are illustrative.

In 2002, Schreier ruled against a 1973 South Dakota law requiring hospitalization for abortions in the second & third trimester abortions because   determining gestational age was an ‘impermissible (more…)

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