Archive for the ‘Kansas Abortion Law’ Category


Now-closed Kansas City “Affordable Abortions”  lab specimen prep room in 2003 (photos by staff whistle-blower)

The U.S. Supreme Court 5-3 Whole Women’s Health v Hellerstedt ruling June 27th is not the huge victory abortion supporters claim. However, there is no question that “Hellerstedt” is a truly troublesome ruling, as it:

  • undermines the Court’s former support for the compelling interests of state legislatures,
  • makes the Supreme Court the nation’s medical board, and
  • encourages activist courts to indulge in subjective judgment of abortion regulations.

Ultimately, it’s a setback for the pro-life movement both nationally and in Kansas. However, looking at the long game, Supreme Court decisions are not set in stone.

As a reminder,  the Court struck down a ban on partial-birth abortions in 2000 and then in 2007 upheld the ban. Why? The language of the ban was tweaked, the public became educated (and outraged) and the composition of the Supreme Court changed. This is why presidential elections matter.

has abandoned any pretext that the Court is only involved to guarantee “safe and legal” abortion. They have overruled protection for women in order to protect abortion business profits. The Court has reinforced its schizophrenia that demands abortion be treated as a medical procedure, but not be subject to the ordinary state oversight other medical facilities must obey.

Kansas City "Affordable Abortions"

“Affordable Abortions” unsterile surgical bedside with open trash and dirty carpet

Kansas has had plenty of abortion horror stories. A staff whistle-blower took photos in 2003 at the inner city “Affordable Abortions” clinic of Krishna Rajanna (now closed). She was so worried about the filth there she would wipe down the surgical bed with rubbing alcohol whenever she could.

Kansas had a duty to enact abortion clinic regulations, and it took ten years to get a licensure and inspection law— passed when we had a pro-life governor in 2011.
(Read more here and here.)

The abominable majority opinion last Monday, written by Justice Breyer, absurdly tries to justify striking down Texas’ clinic regulations, asserting that having such laws in place would not stop the “very bad behavior” of “determined wrong-doers” like Kansas had  at the “Affordable Abortions” clinic and elsewhere. With that logic, no laws would ever be passed.

The Hellerstedt ruling is harshly criticized by the dissenting justices (Thomas, Alito and Roberts) for breaking procedural rules and being so riddled with special exceptions for special rights” that it violates “the promise of a judiciary bound by the rule of law.”

Planned Parenthood has announced now they’ll fight abortion regulations in eight states: Arizona, Florida, Michigan, Missouri, Pennsylvania, Tennessee, Texas and Virginia– “with more to come” against similar laws across the country. National Right to Life Committee president, Carol Tobias, expects only measures identical to those blocked by the Supreme Court will be vulnerable to appeal.

The office of Kansas Attorney General Derek Schmidt has so far announced that the legal team is studying the Hellerstedt ruling with respect to three ongoing lawsuits filed by Kansas abortionists. The A.G. team has prevailed in all other concluded abortion litigation since 2011.  (Read more about Kansas abortion clinics and lawsuits here.)

"Affordable Abortions" had blocked back exit with lawn mower in the mess as a "back-up generator"

“Affordable Abortions” fire-hazard blocked back exit with lawn mower (by door) as a “back-up generator”

Most directly related to Hellerstedt is the 2011 Kansas comprehensive abortion clinic licensure & inspection law which has never been in effect due to a “temporary” injunction and to an unjustifiable 4 1/2 year delay from Shawnee District Court Judge Franklin Theis.

That law includes building safety standards, injury & death incident reporting, abortion-specific protocols and a requirement that abortions be performed by Kansas-licensed physicians. Relative to Hellerstedt, it

  1. does mandate hospital privileges for abortionists within 30 miles of the abortion site, but
  2. does not require an abortion facility to be licensed as an ambulatory surgical center (ASC).

The admitting privilege (#1)  does mirror that of Texas, but the context in Kansas is not the same. All four Kansas abortion businesses  (2 in Wichita and 2 in Overland Park) claim to have access to abortionists with hospital privileges.

As for #2, although some of the Kansas facility requirements do resemble those of ASCs,  those provisions would not automatically need to be struck down. Also, two Kansas abortion businesses(Planned Parenthood and SouthWind) are already licensed as ASCs.

However, following Hellerstedt, activist courts will be more encouraged to subjectively critique –and potentially reject–duly-passed medical oversight laws.


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"the Hand of Hope" photo by Michael Clancy, 1999

“the Hand of Hope”by Michael Clancy, 1999

Six states have now banned brutal and inhumane abortions that dismember fully formed unborn children.

Louisiana Gov. John Bel Edwards signed into law “the Unborn Child Protection from Dismemberment Abortion Act” last Friday, joining — in order– Kansas, Oklahoma, West Virginia, Mississippi, and Alabama, whose citizens embraced the necessity of passing this model legislation provided by the National Right to Life Committee.

In coverage of this law, most outlets, particularly  the Associated Press, refuse to even use the term “dismemberment” which is defined in this legislation.  Also unsurprisingly, the media  never challenge abortion supporters to defend the appalling savagery of slicing a living unborn baby to pieces.

Yet, even with biased media coverage, the public understood the gruesomeness of sharp metal tools tearing apart the tiny limbs of well-developed children while in their mothers’ wombs.

A majority of Americans who increasingly describe themselves as pro-life know that abortion is not done on a blob of tissue. Many of them confirmed that understanding after seeing a famous photo of a little hand reaching out of his mother’s womb.

That milestone photograph is called  “The Hand of Hope” taken Aug. 19, 1999 by Michael Clancy. The photo took the world by storm when it first appeared in USA Today on Sept. 7, 1999. The tiny hand of Samuel Armas, at 21weeks gestation, is captured grasping the skilled hand of the doctor performing innovative surgery to correct spina bifida. All this occurs while Samuel was still in his mother’s womb.

“I could see the uterus shake violently and then this little fist came out of the surgical opening,” Clancy recalls. “It came out under its own power. When Dr. Bruner lifted the little hand, I fired my camera and the tighter Samuel squeezed, the harder Dr. Bruner shook his hand.”

Gov. Brownback

Gov. Brownback

Gov. Sam Brownback remarked about that photograph in his May 5, 2015 letter commemorating the signing of the Unborn Child Protection from Dismemberment Abortion Act in Kansas:

“What a visually impactful moment: the delicate, miniscule hand with each finger and nail, trustingly holding on to the doctor. There is little debate over whether the child in utero is alive; the debate is over whether or not the child is a life worthy of protection.

Clancy’s lens encapsulates so much meaning in that one shot: a vulnerable, functioning, unborn child, not yet ready to survive outside of his mother who nevertheless lies completely at the mercy of the physician’s medical talent—and ethics.

Clancy says he was “pro-choice” before the snapshot, but not afterwards.

He recognized in that one critical moment what was actually at stake in abortion—not a “choice” but a unique and unrepeatable human individual connected to the human community.

Truly, the unborn child developing in the safety of his mother’s womb is absolutely at the mercy of the laws regulating physicians. Preserving the dignity of that relationship between the mother, child and physician dictated that six states prohibit barbaric dismemberment method abortions.

All pro-lifers who have worked so hard to enact the Unborn Child Protection from Dismemberment Abortion Act —and those in other states yet to do so– would no doubt agree with this thought from Gov. Brownback’s letter:

“Protection is at the heart of this law. Protection of an actively developing baby with his or her unique DNA, and who can be seen thumb-sucking, hand-waving, and smiling in routine sonography. A defenseless child with so much potential.”

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2015 Rally for Life 2015 Rally for Life urges ban on dismemberment abortion bans

Last April, Kansas became the first state to pass legislation barring the barbaric dismemberment method abortions. Now, under challenge  by pro-abortionists, that first-of-its-kind law, which is on hold, is about to be reviewed by the Kansas Supreme Court.

This ban prohibits the gruesome abortion method of tearing apart fully-formed, living babies– limb by limb– until they bleed to death.

The Unborn Child Protection from Dismemberment Abortion Act, model legislation drafted by the National Right to Life Committee, has since been enacted by Oklahoma, West Virginia, and (soon) Mississippi. This vital legislation has also been introduced in Pennsylvania, Minnesota, Idaho, Nebraska, Missouri, Louisiana, Rhode Island, and Utah.

Thus the impact of the ruling by our Supreme Court will extend beyond our state borders.

The premise of the Unborn Child Protection from Dismemberment Abortion Act comes from the U.S. Supreme Court Gonzales ruling. In that 2007 decision, the justices upheld a ban on partial-birth abortions by acknowledging that,

“the State may use its regulatory power to bar certain procedures and substitute others, all in furtherance of its legitimate interests in regulating the medical profession in order to promote respect for life, including life of the unborn.”

Abortion supporters have thus sought to find and secure in state constitutions a broader and more unassailable “right” to abortion.

pro-abortion judgesThat’s what happened in Kansas last June, when Shawnee District Court Judge Larry Hendricks blocked the ban on dismemberment abortions from going into effect.  Hendricks adopted abortion attorney arguments–literally–asserting that the Kansas state Constitution protects abortion even more fundamentally than the standard established by the 1973 Roe v. Wade decision.

The temporary 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.

The injunction allows three Kansas abortion businesses to continue to perform these grisly procedures — 629 last year–at a cost of up to $2,000 each.

That activist ruling by Judge Hendricks was left standing when the full Kansas Court of Appeals reviewed it and announced on January 22 that they were divided, 7-7.

However, pro-life Attorney General Derek Schmidt appealed the appellate decision to the state’s highest court. Schmidt argued that the appellate ruling does not make precedent and current abortion lawsuits remain in limbo without clear guidance. Yesterday, it was announced the appeal will be heard. (documents here) Here are the three questions that the state of Kansas has posed for the state Supreme Court to rule on:

  1. Does the Kansas Constitution create a right to abortion?
  2. If that right exists, does it clearly prevent government from regulating dismemberment abortions?
  3. Did the Court of Appeals wrongly accept the lower court’s facts and legal standard?

Our state Constitution was enacted in 1859, when abortion was illegal in Kansas and across the nation. Yet one radical judge of the Kansas Court of Appeals, G. Gordon Atcheson (writing to concur with the injunction against the dismemberment abortion ban) believes that the state Constitution is an “evolving” document with an “ever more enlightened understanding of humanity” and women’s “self-determination.”

Mary Kay Culp, KFL executive director commented, “The challenge we face is whether a majority of the Kansas Supreme Court will follow the U.S. Supreme Court’s holding that allows states to ban barbaric abortion methods, or whether it will follow Appellate Judge Atcheson’s opinion that the dismembering of unborn children comports with an ‘enlightened understanding of humanity’.”

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AG Derek Schmidt

AG Schmidt

On Monday, Kansas Attorney General Derek Schmidt filed an appeal with the Kansas Supreme Court, asking for an expedited ruling on the question of whether the Kansas Constitution embodies a right to abortion.

A  7-7 ruling from the Court of Appeals on Jan. 22  maintained a district court’s temporary injunction against the Kansas Unborn Child Protection from Dismemberment Act.

However, Schmidt  asserts that properly understood,  the 7-7 tie is really a 7-6-1 ruling,  thus denying any state constitutional right to abortion.

The appeal (ironically titled a “prayer” in legal jargon) argues that the heart of the Court of Appeals ruling is whether the state Bill of Rights mimics the due process protection of the federal Fourteenth Amendment that is the basis for Roe v Wade.

  • Seven appellate judges (in the dissent, penned by Chief Judge Thomas Malone) held that the state Bill of Rights does not provide “Roe” protection,
  • six judges (in the ruling written by Judge Steve Leben) said the state Bill of Rights does provide “Roe” protection by extension, and
  • one concurrence (by Judge G. Gordon Atcheson) conceded that the state Bill of Rights’ Article 1 really doesn’t match up with “Roe” but no matter because abortion is protected in a stronger way.

    Judge Atcheson

    Judge Atcheson

Judge Atcheson wrote, “Article 1 provides a constitutional protection [for abortion] that has no direct analog in the federal Constitution… [it] effectuates self-determination consistent with an evolving and ever more enlightened understanding of humanity across both race and gender.”

He also wrote, “a woman’s right of self-determination, as established in Article 1, takes precedence [over a fetus] incapable of free-will or self-determination,” and “I cannot infer a particular legislative purpose or governmental interest advanced in Senate Bill 95 [the dismemberment ban].”

Truly the abortion protection that Judge Atcheson wishes to be found in Kansas’ 1859 Bill of Rights is broader than Roe and –if agreed to by the Kansas Supreme Court—poses a threat to all existent pro-life laws in this state.

On the other hand, the six appellate judges who want a state right to be an extension of Roe implicitly would examine pro-life laws under the “undue burden” standard, which is more workable than if abortion is declared fundamentally protected and laws have to pass “strict scrutiny.”

Because the appellate court really left all Kansas courts adrift in confusion, Schmidt urges the Kansas Supreme Court to take up the issue. Until it is resolved, it will continue to be raised in existent and future lawsuits, he argued.

At issue is a compelling constitutional question of “first impression.” That is something that ultimately only the Kansas Supreme Court can resolve.

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Gov. Brownback flanked by KFL's Mary Kay Culp and Archbishop Naumann

Gov. Sam Brownback, flanked by KFL’s Exec. Director, Mary Kay Culp, and KCK Archbishop Joseph Naumann

Neither the D.C. blizzard nor the legal disapproval of half of the Kansas state Court of Appeals stopped the Pro-life Religious Council from giving their award to Gov. Sam Brownback Friday for Kansas’ historic passage of The Unborn Child Protection from Dismemberment Abortion Act.

The result of a rare 7-7 tie decision Friday by the Kansas Court of Appeals is that the appalling opinion of Shawnee District Judge Larry Hendricks’ is upheld–for now. Judge Hendricks ruled that barbaric dismemberment abortions cannot be outlawed because the 1859 Kansas Constitution contains a right to abortion.

The dismemberment ban is not voided, but it remains enjoined from going into effect while litigation continues. The ban will be vigorously defended by the legal team of Attorney General Derek Schmidt.

"shower curtain"sign by Kansas pro-life activist, Vonda Wiedmeyer

“shower curtain” sign held up in the audience by Kansas pro-life activist, Vonda Wiedmer

In his acceptance remarks, Gov. Brownback urged that Kansas’ strong bipartisan passage of this dismemberment ban be repeated across the nation and at the nation’s Capitol.

Fr. Frank Pavone, who hosted the award ceremony, observed that the Appeals Court ruling shows that, “the battle for the unborn child’s civil rights will go back and forth for now. We know, however, that the truth of that child’s humanity will ultimately triumph over the lies of the abortion industry.”

Among attendees at the PRC presentation were Mary Kay Culp, Executive Director of Kansans for Life, and Archbishop Joseph Naumann, head of the Catholic Archdiocese of Kansas City in Kansas. The Kansas Catholic conference had testified in support of the ban:

“The fact that this legislation is even necessary is an indictment of our society and even the very notion of human progress…[when] we in the here and now allow our children to be torn apart, piece by piece, limb by limb.”

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stop dismembering posterA temporary injunction will remain in place against SB 95,  the Unborn Child Protection from Dismemberment Abortion Act, after the Kansas state Court of Appeals ruled today in a  7-7 tie in the matter.

The Act bars a gruesome method of abortion in which a well-developed, living, unborn child is torn apart piece by piece with sharp metal tools.

Attorney General Derek Schmidt’s office will continue to rigorously defend this law.

This outrageous ruling needs to be heard by the state Supreme Court without delay.

The law was designed to pass muster with the U.S. Supreme Court; abortion attorneys apparently recognized that fact, thus choosing to file suit in state court, seeking the creation of a state right to abortion.

The dismemberment ban was blocked June 25 with a temporary injunction from Shawnee District Court Judge Larry Hendricks. The lawsuit was filed and argued by the New York-based Center for Reproductive Rights on behalf of the Overland Park Center for Women’s Health that had previously sued two other Kansas pro-life laws that have not proceeded to trial.

Judge Hendricks completely accepted the abortion industry claim that the basis for a federal “right” to an abortion also is found in the Kansas constitution. Hendricks misstated federal jurisprudence on abortion, and ignored the key 2007 U.S. Supreme Court Gonzales ruling, which said:

Casey [the 1992 Supreme Court decision] does not allow a doctor to choose the abortion method he or she might prefer …[and physicians] are not entitled to ignore regulations that direct them to use reasonable alternative procedures.”

Even pro-abortion justices of the U. S. Supreme Court have acknowledged that the dismemberment of a living unborn child is as brutal and inhumane a method of abortion as the partial-birth abortion procedure, which is now illegal throughout the country.

It was a valid act –both legally and morally–for the Kansas legislature to curb dismemberment abortions.Kansans were outraged to learn of this heinous method of shredding apart innocent unborn children,” said Kansans for Life executive director, Mary Kay Culp.

Kansans for Life submitted a friend of the court brief for the appeal.

SB 95 is supported by U.S. Supreme Court language that upholds the state’s right

  • to show respect for the developing unborn and
  • to insure the integrity of the medical profession which it regulates.

Kansans for Life is confident this law will eventually be upheld—mirroring the long, but successful partial-birth abortion battle in which the U.S. Supreme Court eventually acknowledged the validity of pro-life legislation.

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new year babyA recent article in the abortion-supporting magazine, Slate, was headlined, ” The Year Unthinkable Became the New Normal,”  with this elaboration,

The past year might have been the worst for abortion rights in America since Roe v. Wade was decided 42 years ago.”

Slate begins the list of lamentations with what they termed the “propaganda coup” of the videos from the Center for Medical Progress in which Planned Parenthood clinics and National Abortion Federation conventions were infiltrated to collect direct testimony from abortionists about methods used for fetal tissue-harvesting. (see recap video below)

Planned Parenthood’s mantra on those embarrassing videos –echoed faithfully by the mainstream media– is that the hidden camera videos were “selectively edited,” but two forensic examinations found that to be false. As The Federalist reported, both forensic reports, including one commissioned by Planned Parenthood, “assert that there is no dubbing or alteration to the audio and no evidence of misrepresentative editing.”

The CMP videos, that were released beginning in July, have resulted in five separate congressional investigations and a newly announced lawsuit from Planned Parenthood against CMP for racketeering, trespassing and secret taping.(see here)

At the outset, Planned Parenthood head, Cecile Richards, apologized for the tone and statements in the videos and then testified at length to Congress, revealing that

  • 86 % of Planned Parenthood’s revenue (outside of federal funds) comes from abortions;
  • no PP facility offers mammograms, nor do they even have the equipment;
  • the “non-profit” PPFA in 2014 made $127 million in excess revenue after expenses (what normal people call a “profit.”)

complained that, “Support for abortion bans without exceptions for rape or incest became the normative position among Republican presidential candidates.  [Note: Kansas has no rape/incest exceptions in state abortion restrictions.]

It is true –and a welcome development– that this year’s GOP presidential primary debates have revealed a new vigor for deploring abortion and calling for the end of tax support for the nation’s abortion giant, Planned Parenthood. Political courage is infectious; the U.S. Senate defunded Planned Parenthood for the first time ever, although President Obama vetoed the measure.

That the public responded positively to these events is an understatement.

But pro-abortionists want to convince themselves otherwise, and quote the reasoning of the president of NARAL Pro-Choice America, “We are experiencing the culmination of a decades-long strategy by anti-choice extremists…The far-right takeover of the GOP, a project that’s been underway for more than 40 years, is complete.”

This “take-over” is in reality a reflection of the growing self-identification of Americans as pro-life.

Indeed, 2015 was a milestone year for Republican control of state legislatures, (see chart) with the party dominating both houses in 30 states, the highest number since at least 1978. Republicans used their electoral strength to pass more than 50 state pro-life laws.

The story makes only an indirect referral to the historic “Unborn Child Protection from Dismemberment Abortion Act” passed in Kansas and Oklahoma in April. A long-time abortion advocate asserts, “What we’re witnessing is the culmination of a kind of group defamation against women who have abortions as people who kill and dismember unborn children.”

Wow, that’s a whopper!

Supporters of the dismemberment ban have only excoriated abortionists and their businesses, not women.

In fact, most women who have obtained dismemberment abortions were never told that the abortionist used sharp tools to painfully pull apart their still-alive unborn child until he/she bled to death! They most often just see a reference to “removing the pregnancy.”

Slate concludes, “2015 has been a lesson in how the once unthinkable becomes the new normal—and it’s happened with a Democrat in the White House. If a Republican wins the presidency next year, we will likely see 2015 as an entirely different sort of inflection point. Just because things are as bad as they’ve been in 40 years doesn’t mean they can’t get worse.”

From our perspective, the lives of unborn children are depending on us to insure the abortion industry in 2016 has another bad year.

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