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Archive for October, 2011

Judge Marten

Judge Marten, upholds clinics, not state law

Today, federal Judge Thomas Marten unsurprisingly acquiesced to ACLU’s petition that the Dodge City Family Planning (DCFP) clinic join the Planned Parenthood lawsuit over Title X money distributed by the Kansas state health department.

The clinic wants immediate reinstatement of their prior Title X state contract for nearly $40,000 (plus attorney fees), and wants the state proviso declared void as violating the Supremacy Clause.

Marten has already awarded $58,000 to Planned Parenthood without a state contract and the state is appealing his rulings to the Tenth Circuit Court of Appeals.

Marten’s ruling today bristled at the state’s allegation that DCFP was ‘judge-shopping’, that is, piggy-backing onto a case where the judge is already favorably directing funding to clinics.

There’s no question this is an activist judge of whom the State legal team accuses of “emasculating” state sovereignty and repeatedly ruling in error about the legitimacy of the state funding proviso.

Marten defended the addition of the financially-failing DCFP clinic because “it was stripped of Title X funding essentially as collateral of the Kinzer Amendment’s redefinition of eligibility standards.…[and] asserts a Supremacy Clause claim similar to that advanced by plaintiff Planned Parenthood.” (more…)

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Now that Judge Thomas Marten has been found willing to violate Kansas state sovereignty by ordering Title X payments to Planned Parenthood without a contract, the ACLU is demanding another failing clinic get a piece of the action.

In August, Marten granted Planned Parenthood a halt to the new Kansas budget proviso directing that Title X family planning money managed by the state health department be contracted primarily with full-service public clinics.

Kansas’ legal team argues that although Marten “found no specific conflict between the language of the state statute and the federal statute, [he] nonetheless struck down the statute because of the Legislature’s alleged bad motive.” (The bad motive is allegedly punishing abortion providers.)

Kansas has been forced already to fork over a payment of $58,000 to Planned Parenthood and last week submitted a 144-page appeal to the 10th circuit court to overturn Marten’s ruling.

Now the Dodge City Family Planning Clinic is complaining 40% of their funding ($38,000) was lost due to exclusion under the new Title X proviso, and thus they should be added as a party in the Planned Parenthood lawsuit. (Actually, this makes the state’s case that the proviso was neutral in applicability and did NOT target abortion providers!) (more…)

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October is breast cancer awareness month, in case you haven’t seen the pink ribbons on practically every consumer item.

According to last week’s bulletin from the state health department (KDHE), 1,916 women were diagnosed in Kansas with breast cancer in 2007 (the most recent year for which statistics are available). In 2009, 369 women and 3 men died of breast cancer in Kansas.

The bulletin said, “Several lifestyle recommendations may reduce the risk of breast cancer. These include avoiding tobacco, staying active, maintaining a healthy body weight, limiting alcohol intake to one or fewer drinks per day, and increasing fiber intake with whole grains, vegetables, and fruits.”

At my mammogram last week, I was asked a series of questions as part of the exam. I was NOT asked anything about smoking, food and alcohol intake or my exercise regimen. I was asked:

  1. at what age did my period begin and menopause begin;
  2. how many pregnancies did I have;
  3. how many children were living;
  4. had I ever used oral contraceptives or post-menopausal hormones.

That is because any honest expert understands that breast cancer is largely an “estrogen” story, and the questions all reflect that.

Estrogen surges at puberty, decreases at menopause, and rises 2000% above monthly peaks during each pregnancy except during nearly all pregnancies that naturally miscarry in the first trimester. Estrogen is also affected by birth-control and menopausal hormonal regimens.

Estrogen multiplies breast cells and breast cells are vulnerable to cancer-causing agents until they mature by having become milk-producing cells.  This is why the World Health Organization has taught for over 50 years (more…)

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Pro-Life Action League envelopes NARAL supporter headed to hear Sebelius (photo by Matt Yonke)

Yesterday at a Chicago NARAL fundraiser, 300 attendees gave some of their loudest applause (according to the AP) to HHS secretary Kathleen Sebelius’ mention of the Obama administration mandate that health insurance plans cover birth control without copays.

But beyond the ever faithful pro-life presence of the Pro-Life Action League, another rebuke to Sebelius was today’s good news that the U.S. House will be voting next week on a pro-life bill to UNDO abortion in Obamacare.

HR 358 the “Protect Life Act” is sponsored by Congressman Joe Pitts, and co-sponsored by all four Kansas U.S. Representatives:  Tim Huelskamp, 1st district; Lynn Jenkins, 2nd district; Kevin Yoder, 3rd district; and Mike Pompeo, 4th district. Express your support here.

UPDATE,Oct.13: In a 248-173 vote, the House approved the Protect Life Act, however Senate Democrats oppose it and President Obama has promised to veto it.

Modeled on the former “Stupak-Pitts” amendment, HR 358 would correct the numerous abortion-expanding provisions kept in the final health care law and contains important conscience protections for (more…)

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