Archive for the ‘Post-viability Abortions’ Category

Wed. House Hearing on Planned Parenthood spotlights barbarism of dismemberment abortions

The first of several hearings convoked to investigate Planned Parenthood was held Wednesday in the U.S. House Judiciary committee and spotlighted barbaric dismemberment abortions used to obtain aborted baby body parts for procurement businesses. Kansas was the first state to ban such barbaric abortions at any stage in gestation.

The hearing–entitled, “Planned Parenthood Exposed: examining the horrific abortion practices at the nation’s largest provider,”— was triggered by nine undercover videos released weekly since July by citizen journalists of the Center for Medical Progress (see full content here). The focus was whether any law-breaking is occurring in the trafficking of aborted baby “specimens” at Planned Parenthood, which corporately receives annual government funding of over $520 million dollars.

Testifying from the pro-life position were:

  • National Right to Life attorney Jim Bopp, offering commentary about the legal and ethical questions raised in the videos, and
  • saline ‘abortion survivors’, Gianna Jessen and Melissa Ohden, offering their personal stories on behalf of aborted children who are not dead after abortions .

Planned Parenthood did not attend the hearing, but their position was ardently advanced by Yale attorney /professor, Priscilla J. Smith, who asserted that Planned Parenthood “is beloved, not just by me, but by most Americans.”

Smith’s “claim to fame” was her role as the lead attorney in attempting to persuade the U.S. Supreme Court to overturn the federal ban on barbaric partial-birth abortions. She failed, and the ban has been in effect since 2007; but her commitment to the brutal destruction of unborn children has not flagged.

In fact, far and away the most noteworthy and breathtaking exchanges at the hearing from the pro-life perspective were those between Smith and several pro-life committee members who could not shake her steadfast defense of dismemberment abortions as “humane.” (See excerpt here)

In fact, Judiciary Chairman Bob Goodlatte (R-VA) began his questioning of the witnesses by reading two descriptions of dismemberment abortions :

  • the first was from Justice Anthony Kennedy (taken from Supreme Court rulings in 2000 and 2007) describing how unborn children in such abortions are torn “limb from limb” and “bleed to death” –often, with their hearts still beating according to ultrasound monitors; and
  • the second came from the current abortionists’ lawsuit against the Kansas ban on dismemberment abortions.

Smith claimed that dismemberment abortions (what she insisted on calling “D&E” abortions) are very humane, although at one point she qualified her statement to pertain to dismembering of unborn children who were not “viable.”

A somewhat astonished Goodlatte replied, “Ms. Smith, your view of “humanity” and mine are different.” Witness Jessen was also taken aback by Smith’s comment and replied to Goodlatte, “I’m speechless with Ms. Smith’s reply that she thinks that’s a humane way to die.”

The committee pro-life members were outraged that the undercover CMP videos indicate live babies were escaping abortion, but were then destroyed — in violation of the Infant Born Alive Protection Act and also, in some cases in violation of the federal ban on partial-birth abortions.

But the hearing also gave significant exposure to the barbaric procedure of dismemberment abortion, which –as a moral issue–goes well beyond questions of whether Planned Parenthood is fully obeying federal law governing fetal tissue procured after induced abortion.

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Charles Robinson, Kansas 1st gov

Kansas’ first Governor, Charles Robinson

Those who make a career out of praising abortionists who specialize in aborting children in the second and third trimester never fail to offer an annual tribute to George Tiller, the infamous Wichita, Kansas, abortionist who was killed on May 31, 2009.

The lengths to which his admirers will go was never more on display than last Friday when abortion promoter, Carol Joffe, absurdly compared Tiller with Charles Robinson, an important anti-slavery figure in Kansas history.

Robinson practiced medicine for about 10 years,  mostly in Massachusetts, before moving to Kansas in 1854. He become a leader of the Free Staters, and later, first governor of Kansas as a territory and then again when it became a state.

Joffe writes,“Though these men lived more than a century apart and became committed to different political causes, there are a number of striking similarities in their histories. Each, from a starting point as a quite conventional physician, changed his life plan in response to social conditions he found unacceptable.

To equate Robinson’s civic leadership against slavery with Tiller’s abortion promotion is nothing short of nauseating.

The only true similarities they share is that they both took instruction in medicine and lived in Kansas. In reality, they are polar opposites.

  • Robinson abhorred violence. Tiller’s grisly abortion business was the epitome of violence against the unborn.
  • Robinson fought political corruption. Tiller’s business thrived on the corruption of abortion support in Kansas government.
  • Robinson insured Kansas would not join the union with the immorality of slavery. Tiller spent enormous amounts to make Kansas the late-term abortion capitol of the nation.

Joffe continues her bizarre comparison with this assertion, “Were Charles Robinson and George Tiller alive today, they no doubt would be dispirited by the political situation of their beloved state… [enduring] a relentless barrage of abortion restrictions.”

Assuredly, while Tiller would not appreciate the pro-life laws passed since 2011, historical facts indicate Robinson would support them:

  1. Robinson traversed in the same ideological circles with iconic pro-life suffragettes and was related by marriage to several, including Elizabeth Blackwell and Lucy Stone.
  2. While Congress was drafting the Fourteenth (Equal Protection) Amendment, and the 1866 Civil Rights Law, the U.S. Medical & Surgical Journal published an essay on abortion that simply declared;”The true scientific position is this: from the moment of conception, when the spermatozoa coalesces with the cell wall of the ovule, the ovum is a distinct human being.”
  3. By 1880, nearly every state and territory had new legislation that made it a serious crime to induce abortions unless the mother’s life was in danger.

There is not one logical reason to link Robinson with an infamous late-term abortionist.  Our first governor was a civil-rights crusader who would have in all likelihood applauded pro-life Gov. Sam Brownback for signing so many pro-life laws, including this year’s historic Unborn Child Protection from Dismemberment Abortion Act.

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Former Texas State Senator and failed gubernatorial candidate Wendy Davis, was caught on video Saturday saying tragic medical conditions cause all late-term abortions.

However, ten years of Kansas abortion statistics demolish that claim, as well as a recent radio interview of Kansas ex-abortionist, Kris Neuhaus.“An associate of George Tiller,” Neuhaus admitted that most late-term abortions were due to teens in denial.

Let’s look first at Davis’ response, to a friendly-sounding questioner who asked, ‘how does a pro-choicer defend aborting seven-pound babies?’ (This is a reference to Sen. Rand Paul’s recent challenge that Democrat pro-abortionists, such as DNC Chair Rep. Debbie Wasserman Schultz, be forced to answer that question.) Davis said,

“First of all that never happens. It never happens. It really never happens. And, the only time that late-term abortions occur is when something has gone horribly wrong and either the mother’s life is in danger or the child’s life is in a very precarious situation.

So ”it never happens, but when it does…. Davis’ answer is what abortion industry media advisors want the public to hear– that “late” abortion is crucial to saving mothers’ lives and ending the lives of unborn children diagnosed with medical challenges.

But that’s not what ten years of abortion statistics from the Kansas health department (KDHE) indicate.

From mid-1998 to mid-2007, there were 5,179 abortions 20 weeks post-fertilization reported to KDHE. Post-20 week abortions were not obtainable after the Tiller clinic closed in June 2007. Such abortions were then banned by law effective July 2011.

In all of these 5,179 late-term abortions, 41% of the total were reported as performed on a “non-viable” pregnancy. Only 13 of them cited a specified fetal malady.

In all ten years’ statistics, there was only one medical emergency listed (although undescribed) and not a single one of the 5,179 late-term abortions were reported as done to save the mother’s life. None.

So the remaining three fifths of Kansas late-term abortions were performed on viable unborn children without explanation. No physical medical conditions, much less “horrible” ones for those mothers, have ever been reported. Nada, Zero.

Moreover, during 1998 and 1999, when the partial-birth method was still in use in Kansas, all those abortions were specifically reported as performed for the mother’s “mental health.”

That’s why Kris Neuhaus’ radio commentary last week is relevant.

In 1998 Kansas passed a law to ban post-20 week abortions UNLESS the woman would die or suffer ”substantial and irreversible” harm, as verified by an independent practitioner.

However, a loophole was created when then-Kansas Attorney General Carla Stovall opined that such irreversible harm could include mental health. And thus a job was made for a physician willing to claim that temporary anxiety was “substantial and irreversible” harm that could only be relieved by an abortion—not delivery of a child.

From 1999-2007 Neuhaus was an otherwise unemployed Kansas-licensed abortionist who was paid to come to Tiller’s Wichita abortion business to provide supposedly unbiased “second opinions” [approvals, that is] for abortion seekers.

Neuhaus, in a self-serving interview meant to rev up contributions to her new online “fund-me” event freely revealed that most late abortions were due to the immaturity of teens in denial about their pregnancy!

According to Neuhaus, the teens didn’t really understand their pregnant condition and didn’t want the family to know they’d been sexually active.

Neuhaus said that some late -term abortions were sought for fetal anomalies but insisted the majority are done for “maternal” non-medical reasons, notedly:“you have a bunch of young women who, for whatever reasons, have decided to put themselves at risk of an unintended pregnancy and then suddenly when confronted with that– don’t always deal with that in the manner that they might at the age of 20…so that really comprises the largest percentage of [late-term abortions] that were there strictly for maternal reasons.”

In fact, those kind of abortion-seeking teens were evidenced in her 2003 medical records, subpoenaed in 2004 by former Kansas Attorney General Phill Kline. Specifically, eleven cases were selected in which teens obtained third trimester abortions after Neuhaus “excused” them as being under threat of irreversible, psychological harm.

Those subpoenaed records were used by the state Healing Arts Board of Kansas to charge Neuhaus with improperly evaluating those vulnerable girls and breaking state regulations requiring a proper health record for each patient. (The Board revoked her medical license in 2012, and after reversal on appeal, again revoked her license this January, for which she again has filed an appeal.)

Contrary to the assertion of Wendy Davis, those eleven approximately ‘seven-pound’ babies were not aborted by those teens in 2003 because of bona fide medical tragedies. Nor were most of the late-term abortions obtained in Kansas, as ten years of state stats show.

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Hon. Thomas Malone

Hon. Thomas Malone

A rotten district court ruling is too hot to handle and the proper court of review doesn’t want to deal with it. Guess why? The revoked medical licensee is an abortionist.

In a technical legal dodge on Friday, the Kansas Court of Appeals ruled that that it is too early for them to review an appeal by the Kansas State Board of Healing Arts in the matter of abortionist Kris Neuhaus.

The Board revoked her license in July 2012, after a six day hearing under State Administrative Law Judge Edward Gashler in which he found that, “the care and treatment of 11 patients [obtaining late-term abortions in 2003] was seriously jeopardized” by Neuhaus. (More posts here, here, here and here)

But that finding was blocked March 7, 2014 by Shawnee District Court Judge Franklin Theis, opining that the Board ‘over-punished’ Neuhaus for “being sloppy,” taking “short cuts,” and showing “inconsistent attention to proper protocols.”

Days later, the Board appealed. Kansas Court of Appeals chief Judge Thomas Malone issued a 2-page order Friday, claiming Theis’ order did not constitute a “final ruling” that they can review and that the Board had not yet reconsidered sanctions –as ordered by the district court.

The Court of Appeals wants the Board to go away and follow Theis’ order—but that order is exactly what the Board wants the higher court to reverse!

The Board is left with 3 legal options:

  1. ask for reconsideration by the same Court of Appeals that doesn’t want to do so,
  2. ask the state Supreme Court for review of the Court of Appeals position,
  3. go back in session to issue a revised sanction of Neuhaus.

Neuhaus’ lawyers found arguably the best activist judge in the state to take review –Shawnee District Court Judge Franklin Theis. Theis’ sympathies were revealed early on, when the state asked for a bond to recoup further court costs from Neuhaus and Theis said the appeal would proceed without any hope of repayment. He later ruled on the abortionist’s behalf, “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.”

The inability to do proper patient intake was the subject of disciplinary action against Neuhaus from 1999-2001, when the Board labeled her,“a danger to the public.” Unfortunately, the Board allowed her to keep her license, and she used it to rubber-stamp “mental health” exemption referrals –onsite –for George Tiller, enabling him to proceed with post-viability abortions.

Concerning those notorious referrals, Judge Gashler’s decision upholding the revocation included this:
“There is no indication that the Licensee [Neuhaus] on any occasion actually conversed with a patient concerning the items necessary for a competent mental health examination to be completed… In some cases, the patients were, according to the Licensee’s diagnosis, suicidal. Yet, in not one single case did the Licensee make any recommendations that the patient be seen by a psychiatrist, a psychologist, or any other type of mental health worker. The Licensee simply referred each patient for a pregnancy termination.”

The Kansas Board of Healing Arts needs to keep its new-found resolve to discipline dangerous abortionists, and challenge this new Court of Appeals ruling.

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Cheryl Chastine

Cheryl Chastine

Last Friday was the fifth anniversary of the slaying of George Tiller, notorious for performing late abortions up through the ninth month of pregnancy. There were a number of stories lauding Tiller.

We learn from the Wichita Eagle that a joint media conference call from Julie Burkhart, Tiller’s former Political Action Committee (PAC) director, generated the “Tiller legacy” tribute stories at NPR, MSNBC, Wichita Eagle, Salon, and other pro-abortion outlets.

These reports served several purposes: to portray Tiller as a hero, vilify pro-life legislation, and to promote the fledgling South Wind Women’s Center (SWWC) abortion clinic. SWWC is run by Burkhart, using an Illinois fly-in abortionist, Cheryl Chastine.

SWWC is located in the same Wichita, Kansas, building Tiller occupied for decades. Reporters were informed SWWC hopes to expand to Oklahoma City and possibly beyond.

The engine for the “Tiller legacy” media campaign is Burkhart, who ran Tiller’s ProKanDo PAC from 2002 until 2009. The PAC spent over $2.4 million dollars to elect pro-abortion candidates, including former Gov. Kathleen Sebelius (see details here).

After the Kansas State Healing Arts Board initiated legal actions to revoke Tiller’s medical license for violating the Kansas post-viability abortion ban, Burkhart left for St. Louis to head Missouri ProVote, a pro-Obama / pro-abortion political activist coalition.

Within a year of Tiller’s death, Burkhart had created a new group -–the Trust Women PAC– with the mission of stopping pro-life legislation and increasing abortion businesses in the “underserved” Midwest and South.

When the Tiller clinic was still in business in 2009, the Kansas legislature passed additional “Woman’s Right to Know”(WRTK) provisions aimed, in part, at the many women who were being led into late abortions to “resolve” their medically-challenging pregnancy.

The improved WRTK provisions included:

  • where to get free medical help, including perinatal hospice, for grave or lethal fetal conditions, and
  • a mandate that the clinic accommodate women who want to hear the fetal heart tones or see a current sonogram before obtaining an abortion.

This WRTK law requires the state health department to prepare medically-accurate pregnancy and fetal development materials in booklet form and available online, and to maintain a 24 hour phone hotline. Of course, according to Burkhart, this is just another “measure designed to shame and guilt” women, and burden clinics.

Based on several of her statements recorded in Friday’s Salon article, the 32-year old Chastine seems especially uninformed about Kansas’ WRTK abortion law. She said,
“It feels like there’s a third party in the exam room that doesn’t belong there, and I’m very clear with patients when I tell them that. I tell them, ‘The state wants me to tell you this. They also you to do this.’ I don’t try to hide the intrusion. I make sure that they know so that they can understand how their care is being influenced by unnecessary legislation.”

Chastine is quite emphatic about giving SWWC clients a rebuttal to information that she wrongly believes Kansas law requires her to “tell” abortion clients. But Kansas does not require the abortionist to say anything.

WRTK information was in fact designed as an out-of-clinic resource to both counter misconceptions relayed by abortion personnel as well as remedy a lack of relevant information preventing a woman from a freely formed abortion decision. WRTK laws offer a counterpoint to a rushed, forced, and irrevocable abortion, which is why abortion clinics hate them so.

Salon interviewer Katie McDonough further prods Chastine with this:
“Kansas is passing legislation designed to shame patients and place barriers to access in their way. I’m thinking of the 24 hour waiting period here, which is both intended to be a logistical barrier but also an insult to a patient’s intelligence….You probably see people who have come a long way, who have saved up, who taken off work — and you then have to tell them, “I can’t do this for you today. You have to wait 24 hours…”

To which Chastine responds,
“That’s extremely frustrating… I tell the patients…I trust you as a moral decision-maker, and I’m sorry that the state doesn’t do the same.”

The reality is that Kansas’ 24 hour period of reflection is nothing new. It was passed seventeen years ago. Moreover,  it does not require two onsite clinic visits and, in all likelihood, women don’t make two trips to a Kansas abortionist.

They can call the abortion business, tell them their estimated age of pregnancy, get told via phone or clinic website where to access the state materials, and make one appointment. The fact that pregnant women can stay out of the clinic and contemplate medically accurate materials is to their benefit and to the detriment of the abortion clinic’s bottomline.

A legal Kansas abortion does require the woman to sign a paper that she accessed WRTK info 24 hours before undergoing the abortion. Hopefully, each woman does attentively review the WRTK info (including ultrasound images)—especially those who are young, conflicted about abortion, or being coerced. Past testimony to Kansas legislative committees, as well as letters to the U.S. Supreme Court, have expressed the negative effects upon women who did not recognize the humanity of the unborn until years after experiencing an abortion.

Chastine maintains abortion is a “decision” morally equivalent to delivering a child.
“The people who are having abortions and people who give birth are not different people; they are the same people. And they make both of those decisions with their full moral decision-making capacity and for the same reasons.”

That kind of messaging may impress the SWWC staffers who (we are told) have graduated college with gender or women’s studies degrees. Those viewing everything through a lens of “patriarchal repression” may also agree with Chastine’s opinion that,
“I am very, very terrified of the rollback in access to reproductive healthcare… because the people who suffer from this are the most vulnerable in our society and the most voiceless.”

The rest of us think that the most vulnerable and voiceless are the unborn.

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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.

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Kris Neuhaus

The Kansas state Board of Healing Arts will likely never be repaid the $93,000.00 it already spent revoking the medical license of abortionist Kris Neuhaus. And it’s hard to believe the ongoing expenses of the district court and the Board involved in her appeal will ever be reimbursed either.

The protracted medical license revocation action against Neuhaus was based on ‘psych referrals’ she made for 11 teens receiving late-term Wichita abortions in 2003. The Board spent $75,000.00 for expert testimony and review of Neuhaus’ records for those cases, finding that she failed in multiple ways to meet medical standards.

District Judge Franklin Theis is presiding over Neuhaus’ appeal of that revocation, which is in the initial stages. The Board issued its final revocation order July 5, 2012, allowing a delay in repayment, but then asked the court to enforce the Board’s right to require a bond. This was the only time in Theis’ memory, he said, that the Board had asked for a bond in this kind of proceeding.

Abortion attorneys argue Neuhaus is impoverished and would not be able to pay the $93,000.00 “in the foreseeable future.”

They said she could only afford a bond of $100, which Judge Theis said “would be a joke.”

Theis then ruled that Neuhaus merely “sign a statement saying she’ll pay any judgment imposed by the courts.”

Neuhaus was uncovered in 2006 as the sole source of second opinions for abortions performed after viability by George Tiller. Under the law, totally “independent” referrals would give proof that the abortion was needed to prevent irreversible and substantial bodily damage- or death– to the mother. Although Tiller escaped a misdemeanor conviction in March 2009 for repeatedly using Neuhaus’ services, the Healing Board proceeded with license revocation filings for Tiller until his murder in May 2009.

Although the Board has regrettably taken no disciplinary actions against other physician associates of Tiller who also used Neuhaus’ referrals, they did proceed with revocation against Neuhaus –a licensee they twice officially called “a danger to the public” and first began to discipline fifteen years ago. (see Neuhaus Board history here)

Neuhaus has no viable medical practice and for the last few years held a strictly limited license until it was revoked. According to sworn testimony, she has worked at a variety of part time positions including a blood bank, laser hair removal salon and an indigent clinic. Yet, under a “due process” claim, she will continue to eat up Court and Board expenses during an appeal process for which she has virtually no chance of winning.

The awful irony is that the court is bending over backward to give Neuhaus the due process that thousands of children and their mothers were denied in Kansas clinics.

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