High volume, not safety, was legal abortion goal from outset

Mary Kay Culp, KFL Executive Director

In a speech given on the Kansas State Capitol steps last January, I said KFL’s 2011 legislative objectives reflected the recommendations of the Pennsylvania grand jury that investigated “House of Horrors” abortionist Kermit Gosnell.

Gosnell’s employees have already pleaded guilty to charges of murder, including the killing of one pregnant mother, and the routine killing of born-alive late-term babies. If you have the stomach for it, read the entire report.

The Gosnell grand jury said that to prevent this from ever happening again, one thing that had to change was for state inspectors to be allowed to review abortion files onsite. They pointed out that this, and every one of their strongly-worded recommendations, had been agreed upon by every member of the jury, representing the gamut of opinion on abortion.

Now, the Hodes-Nauser Center for Women’s Health clinic, with abortion lawyers at the Center for Reproductive Rights, have sued our state’s newly revised abortion clinic regulations that have replaced the temporary ones they sued in July.

The abortion industry complained loudly about the first set of regulations that

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Sebelius, Tiller ties to lawsuit blocking KS abortion clinic law

LJ Leatherman (LJWorld, 7-12-10)

Links to Kathleen Sebelius (governor of Kansas from 2003-2009) and the political action fund started by deceased Wichita abortionist, George Tiller, continue to shape actions blocking the operation of Kansas’ abortion facility licensure law.

As permanent health department rules for clinics were set to go into effect 2 days ago, a new restraining order was obtained by the Center for Women’s Health ObGyn /abortion business of Herb Hodes and Traci Nauser. Hodes’ lengthy malpractice record helped spur lawmakers to pass earlier versions of the licensure law that Sebelius vetoed in 2003 and 2005.

The local attorney for the new litigation, LJ Leatherman of Topeka, and his wife, have long ties to Sebelius, and both have been generous donors to ProKanDo, the Tiller PAC.  LJ is the head of Sebelius’ BlueStem PAC, which is still highly active in Kansas politics, and was her election attorney in 2002.

Leatherman’s wife is JaLynn Copp, who worked under Sebelius when she was state Insurance Commissioner, and then moved with her to the Governor’s office as assistant chief counsel. Copp is now legal advisor for the Topeka police department.

Julie Burkhart guided the abortion cartel’s legislative position in Kansas since 2003 as head of ProKanDo, and continues to do so under its successor, the Trust Women abortion advocacy group. Burkhart has been hovering over the licensure litigation while feeding updates to the press on fundraising to open a new Wichita abortion business in June 2012. Burkhart claims to have already secured an abortionist, who will have to be Kansas-licensed, with local hospital privileges, when the new facility licensure law is in effect.

The law would allow twice annual onsite inspections and prompt reporting to the state of abortion-caused injuries or death of the mother.  The new permanent KDHE rules (pg 1466, here), which were devised to further implement the law, are being challenged in this state court filing.

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KS abortion regs under restraining order from State Court

Judge Franklin Theis

Last Thursday, attorneys for the father/daughter abortion team at the Overland Park, Kansas, Center for Women’s Health (CFWH) quietly obtained a restraining order from Judge Franklin R. Theis blocking new Kansas abortion facility rules from going into effect Monday, Nov. 14.

So far, no hearing date is posted on the court website. The filing, #11C-1298 in Shawnee County (Topeka) District Court, also

asked for a preliminary and permanent injunction against the new health department (KDHE) rules and a bench ruling striking them down.

CFWH abortionists, Herb Hodes and Traci Nauser, had obtained a July 1 injunction in federal court against the provisional KDHE abortion facility rules designed to expire Nov. 14.  As is the usual process in Kansas, new laws go into effect with temporary agency rules, allowing a public input period before the permanent rules are enacted.

In the permanent rules, published Oct. 27, KDHE accommodated a few of the abortionists’ complaints.  KDHE expanded the room temperature mandate, shortened the post-op stay, removed minimum room sizes and reduced the number of limited-access restrooms, but that was not enough to keep CFWH from suing.

Among their legal claims, the abortionists assert that the KDHE rules:

• “are oppressive, unreasonable and arbitrary government interference that would significantly impair, if not altogether eliminate …their existing medical practice”;
• violate abortionists’ rights, and those of their patients under the Kansas Bill of Rights;
• perpetuate “the patronizing and paternalistic stereotype that women are in need of special ‘protection’ not needed by men”;
• allow KDHE access to patients’ complete records “without adequate justification.”

The patient privacy complaint,

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KS gov backs AG investigation into evidence shredding

Gov. Brownback

Wednesday, 49 of 107 charges against Planned Parenthood were regrettably withdrawn because the prosecution was hamstrung by evidence destruction— not only by the department of health (KDHE) but also by the office of former Attorney General Steve Six!

Shortly afterwards, current AG Derek Schmidt released news that he had secured an independent investigation into evidence allegedly shredded under Six. The Topeka Capital Journal reported: “The KDHE deferred all comments on the case to

Gov. Sam Brownback’s office, which described Wednesday’s revelations into the case as “deeply concerning” and supported Schmidt’s decision to appoint an independent investigator.”

AG Schmidt asked the Shawnee County (Topeka) Sheriff’s Office to conduct an investigation into the destruction of documents, especially Induced Termination of Pregnancy report copies (read more here).

Sheriff Dick Barta said, “Schmidt wanted to have Shawnee County investigate the case because the documents allegedly were destroyed by offices housed in Topeka, and because of the conflicts of interest Schmidt’s office has with the case. Those conflicts include

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Planned Parenthood case continues w/o felony charges

D.A. Steve Howe- case hurt with evidence destruction by former AG office & KDHE

District Judge Steve Tatum today dismissed 23 felony charges and 26 related misdemeanor charges against Planned Parenthood because the original paperwork critical to proving the charges was destroyed by state officials in 2005 and 2009.

58 misdemeanor charges for illegal late-term abortions remain to be prosecuted, and the next hearing is scheduled for Feb. 22.

UPDATE: AG Schmidt reveals investigation into evidence destruction under AG Six

Kansans for Life Executive Director, Mary Kay Culp, attended today’s hearing and said that Planned Parenthood’s attorney again went on a diatribe against Phill Kline and how the case had always been without merit. Culp commented:

“Despite Planned Parenthood’s pathetic efforts to once again use Phill Kline as a distraction, the facts are that two judges found probable cause to believe Planned Parenthood committed felonies, and the only reason it can’t be proved is selective and purposeful destruction of evidence at what may have been the very highest level of Kansas government.

At least four things need to happen:

• a full scale investigation by current AG Schmidt of the destruction of evidence,
• possible ethics charges against former AG Steve Six and co-conspirators,
• a vigorous prosecution of Planned Parenthood by D.A. Howe for the remaining charges of illegal late-term abortions, and
• a full review of this case in its entirety by the Kansas Legislature.”

The paperwork in question are the ‘Induced Termination of Pregnancy’ compliance forms (called ITOPs) submitted

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