Feeds:
Posts
Comments

Posts Tagged ‘A.G. Derek Schmidt’

A.G. Derek Schmidt

A.G. Derek Schmidt

The Kansas Attorney General’s office is fighting a court ruling last month that the 1859 state constitution contains a “fundamental” right to abortion,”independent and separate from” that declared by the U.S. Supreme Court.

On Wednesday, the office of pro-life A.G. Derek Schmidt filed a motion to rush that issue up to the Kansas Supreme Court, bypassing the state court of appeals. Abortion attorneys are expected to file a similar request.

The legal challenge at the heart of this was brought in June against the first-in-nation Unborn Child Protection from Dismemberment Abortion Act.(read more here).

Dismemberment abortions are defined as intentionally causing the death of a living unborn child in the uterus by ripping him/her apart “through the use of clamps, grasping forceps, tongs, scissors or similar instruments.”

The plaintiff is the Center for Women’s Health, the office of Kansas father-daughter abortionists, Herb Hodes and Traci Nauser. CWH attorneys couldn’t have asked for more from the ruling of Shawnee County Judge Larry Hendricks last month, who not only issued a temporary injunction that blocked the dismemberment ban from going into effect, but also grounded the decision on a hitherto-undiscovered state “constitutional” abortion right.

The Kansas A.G. attorneys assert that the state supreme court is the correct venue for ruling on whether a-never-before-declared right to abortion is found in the pre-Civil War constitution –adopted at a time when abortion was illegal in every state.

The A.G. seeks a ruling on the state constitutional question and whether federal abortion rulings were incorrectly interpreted.

The Kansas Supreme Court needs to move expeditiously for several reasons, urges the A.G. filing, including the existence of two other lawsuits filed by CWF (in 2011 and 2013) which are lagging in state court and would be directly impacted by a decision about this so-called fundamental state right to abortion.

Oklahoma enacted an identical dismemberment abortion ban due to go into effect in November, which abortion interests are also expected to challenge.

Of note recently in undercover video journalism (see here) is that dismemberment abortion is the prime method relied upon for trafficking in baby body parts.

Read Full Post »

Judge Franklin Theis

Judge Franklin Theis

With a “refusal to rule” late Friday afternoon, a local judge continues to thwart state oversight of abortion facilities as permitted under the pivotal 1992 Planned Parenthood v Casey U.S. Supreme Court ruling.

To the consternation of pro-lifers, the 2011 Kansas abortion clinic licensure law remains blocked in the Topeka court of District Judge Franklin Theis.

On Friday afternoon, Judge Theis denied the state of Kansas’ request that he rule on whether the law discriminated against women, as alleged by the litigants, the Overland Park Center for Women’s Health [CWH].

Attorney Sarah Warner, representing the office of Attorney General Derek Schmidt, explained that

the litigants’ “equal protection” claims as a reason to overturn state abortion laws had been rejected 20 times by the U.S. Supreme Court going all the way back to 1977.

In other words, failed arguments should be dismissed.

Warner also told Judge Theis that the Supreme Court has upheld the state’s ‘compelling interests’ in regulating the medical profession and in insuring the health and safety of women inside abortion clinics. Warner referenced the ”jaded” history of unregulated practitioners. She noted that the murder trial of abortionist Kermit Gosnell had unfolded during the law’s passage, adding further evidence of the need of such regulation.

Theis listened to the state argument for nearly an hour, then to the short (approximately seven-minute-long) rebuttal from one of CWH’s five seated attorneys.

Judge Theis then restated his initial position–that “he needs facts” and that both sides should continue to plan for trial. “I don’t think you can make a decision without learning the total picture,” Judge Theis said.

In other words, he ducked the critical question he was supposed to answer: whether certain ‘already settled’ claims should be eliminated and focus on whether the state had indeed issued ‘rational’ medical facility oversight.

THREE LAWSUITS FROM ONE CLINIC
At the conclusion of his remarks, Judge Theis mentioned the ‘elephant in the room.’ This was an allusion to the injunction against Senate Bill 95–the Unborn Child Protection from Dismemberment Abortion Act– in which Larry Hendricks, another district court judge, shockingly held that the Kansas state Constitution contains a right to abortion. That request for an injunction was also filed by CWH.

CWH, the father-daughter duo

CWH, the father-daughter duo of Herb Hodes & Traci Nauser

Judge Theis.commented about the importance of whether such a ruling is upheld, and the fact that it could be headed to the state supreme court, which obviously would have an impact on this clinic law.

Also noted in the hearing was the third lawsuit in yet another district court—also filed by CWH—against the 2013 Kansas Pro-life Protections Act. Although that law is not blocked, the lawsuit challenging it also claims there is a state constitutional right to abortion.

Thus all three suits are linked to the appeal to the Dismemberment injunction ruling in which a single judge believes a hitherto undiscovered right to abortion exists in the Kansas state constitution.

BACKGROUND ON THE LAW
The comprehensive abortion facility licensure law would apply to hospitals, ambulatory surgical centers, and physician offices in which 5 or more elective abortions were performed in a month. The law requires incident reporting, state health inspections, minimum building codes and local hospital privileges for practitioners.

While the law has been stalled, specific provisions defining abortion “for medical emergencies” and in-person physician delivery of abortion pills have been changed in the last two legislative sessions.

The clinic licensure law had immense public support after decades of abortion malpractice including deaths of 5 women following abortions by Kansas-licensed abortionists. A nearly identical licensure law had twice been passed and vetoed in 2003 and 2005 under former Gov. Kathleen Sebelius.

Read Full Post »

POLST TPOPP pink formA medical form targeting the elderly and chronically ill is being heavily pushed in Kansas by the Center for Practical Bioethics (more on this group in this post).

However, a new formal opinion from the Kansas Attorney General, Derek Schmidt, verifies that in two distinct areas the form contravenes current statutes that protect patients!

At a press conference Wednesday hosted by Kansans for Life, (see press release here) Rep. John Rubin (R-Shawnee), who had requested the A.G. opinion,

labeled the TPOPP form “misleading” and “deficient” and asked that it be recalled.

TPOPP is the acronym for “Transportable Physician Orders for Patient Preferences.” Its stated objective is to “improve the quality of care people receive at the end of life by translating patient/resident goals into medical orders.” TPOPP is printed on ‘hot-pink’ paper and is designed to be a permanent part of the patient file in all settings.

TPOPP is a form aligned with similar documents in other states supervised by a private entity, the National POLST Paradigm Task Force. These forms use a series of check boxes to indicate:

  1. whether the patient should be resuscitated (DNR),
  2. which of three basic levels of medical care a patient should receive, and
  3. whether the patient will get medically administered food and water.

It is items 1 and 3 where TPOPP runs afoul of Kansas law.

Under Kansas law, a  directive for DNR (Do Not Resuscitate) requires a witnessed and signed document excluding those who might financially gain by the death of the patient (K,S,A, 65-4943). TPOPP skirts these patient protections as well as eliminating the physician’s immunity from liability for not resuscitating–provided by a legal DNR under K.S.A. 65-4944.

Also, under Kansas law at K.S.A. 59-3075 (e)7), specific prerequisites are needed before guardians may withhold or withdraw life sustaining care.  TPOPP ignores this statute.

In essence, TPOPP purports to be physician orders, but it crosses over into legal areas– putting patients’ lives, and physicians’ careers, at risk.

WARNING
Unfortunately, significant medical groups and facilities across the state that should have been more vigilant and responsible, have already become partners and promoters in implementing TPOPP. (See list) Kansans for Life is notifying hospitals, medical facilities and physician groups about this new Attorney General opinion.

If you or someone you know has filled out a TPOPP form, you should seek counsel immediately on the legal effectiveness of this form. Patients, doctors and other health care professionals should be aware of the legal uncertainty that TPOPP presents.

Read Full Post »

new year baby2014 saw many pro-life victories for Kansas, the fruit of decades of efforts by pro-lifers to fight a culture of death through education, legislation and providing loving help to women feeling abandoned during pregnancy. Kansans for Life played a key role in these efforts, with exciting new developments in the works.

Pro-lifers can proudly claim credit for the fact that pro-life candidates won all of Kansas’ statewide offices, along with 94 of the 125 seats in the Kansas House of Representatives in the 2014 elections. Notably, pro-life stalwarts Governor Sam Brownback and U.S. Senator Pat Roberts won re-election over their radically pro-abortion challengers.

As officially reported by the Kansas Department of Health & Environment, the number of Kansas abortions dropped to 7,485 in 2013, from 7,598 in 2012 (2014 numbers aren’t available until March 2015). Many reasons can be attributed to the continued drop,  including the improved availability of informed consent information online and increased utilization of pregnancy care centers statewide.

  • No late-term abortions (after 22 weeks pregnancy) are allowed in Kansas due to a 2011 pro-life law acknowledging the unborn child’s ability to feel pain.
  • Abortions for sex-selection reasons are illegal.
  • Minors must secure two-parent consent to abortion.

Kansas is now down to three abortion clinics. The Kansas City Aid for Women abortion clinic closed abruptly at the end of July. It claimed the reason for the sudden closure was the retirement of its 73-year-old abortionist but this clinic was notorious for its string of abortionists with lengthy histories of malpractice cases and disciplinary actions issued by the state medical board. Not surprisingly, Aid for Women failed to attain a state-issued license in June 2011 after passage of the Kansas clinic licensure and regulation law– a pro-life law currently under legal challenge. The clinic admitted it would “have to gut the place” to be in compliance and thus Kansas women and unborn children are safer with the closing of this substandard clinic.

Kansas continues to successfully defend pro-life laws promoted by Kansans for Life.

A major pro-life legal win occurred in early May when Planned Parenthood of Kansas and Mid-Missouri dropped its 2011 lawsuit in federal court. They had sued against the Kansas budget provision that prioritized federal family planning funds be given to public full-service clinics rather than “specialty” clinics like Planned Parenthood. After the state’s budget authority was upheld, Planned Parenthood’s already-failing “abortion-feeder”clinic in Hays closed its doors – showing that this clinic relied on government money to survive.

Just weeks ago, Planned Parenthood also backed out of another lawsuit, in federal court, just days before it was headed to trial.  At issue was their past refusal to obey a provision of the 2013 Pro-Life Protections Act that required that every abortion clinic website have a live link on their home page that connected to the state’s Woman’s Right to Know website. The law intends that there be “one-click access” to sonogram images and information about the development of the unborn child to anyone remotely, or directly, considering abortion.

This year the Hodes-Nauser abortion clinic also lost its legal block (an injunction in state district court) of the same weblink provision. All three abortion clinics are now compliant with that live link. Thus, the fourth success for defense attorneys under Kansas Attorney General Derek Schmidt in defending sound pro-life laws promoted by Kansans for Life.

Read Full Post »

A.G.Schmidt

A.G. Schmidt

Great news! Planned Parenthood of Kansas & Mid-Missouri has withdrawn its challenge in federal court to a Kansas law requiring that its website homepage contain a live link to the Kansas Health Department “informed consent” information.

This concession happened at the eleventh hour, as a hearing was scheduled Monday in the court of Judge Kathryn Vratil. PPKMM technically has until Monday to refile, which is extremely unlikely.

PPKMM had refused to comply with the weblink law even after all other Kansas abortion clinics had complied and despite the fact that a separate challenge from the Hodes & Nauser abortion clinic collapsed in state district court this spring.

This is the fourth win for the legal team under Kansas Attorney General Derek Schmidt in defending sound pro-life laws promoted by Kansans for Life.

Kansas has required abortion clinics to provide access to state materials on prenatal development, abortion information and assistance for unplanned pregnancies since 1997. The required weblink at issue reads:

The Kansas Department of Health and Environment maintains a website containing information about the development of the unborn child, as well as video of sonogram images of the unborn child at various stages of development, the Kansas Department of Health and Environment`s website can be accessed here[womansrighttoknow.org].

The state’s defense was rock solid against PPKMM’s argument that the weblink was:

  1. a free speech infringement of PPKMM’s preferred narrative about pregnancy, and
  2. it didn’t belong on the homepage where other non-abortion clients might see it.

The state rebutted that the required link was a form of consumer protection and that the state had a right to alert women before they committed to abortion. From the state’s most recent filing (emphasis added):

“In the 1980s and 1990s, public access to the Internet was extremely limited. Few businesses or public institutions had websites. …In the face of these changes in technology and access, and in order to more effectively reach women as they are contemplating the weighty decision of whether to undergo an abortion, the Kansas Legislature enacted a law in 2013…that when a company is in the business of performing abortions and that company maintains a website, it must include a link on its homepage.”

More on Monday!

Read Full Post »

Kansas wants PP defundedOn May 9th, Planned Parenthood of Kansas & Mid-Missouri (PPKMM) withdrew its litigation against the state of Kansas, challenging the state’s decision to send federal family planning funds to public full-service clinics.

This lawsuit was originally filed in June 2011 by PPKMM and landed in the court of U.S. District Judge Thomas Marten. It targeted a budget mandate that directs the state health department to award Federal Title X family planning contracts primarily to full service public health clinics. In this way, tax money subsidizes full-service healthcare for the indigent.

PPKMM won the first round in October 2011, but lost in the Tenth Circuit Court of Appeals this March. The appeals panel ruled that Planned Parenthood lacked standing to pursue its claims in federal court, and that its

claim of a First Amendment violation lacked merit– about as resounding a defeat as you could get.

The defense team for the Kansas Attorney General, Derek Schmidt, argued Kansas had merely prioritized Title X recipients to be full-service in order to best effectuate the HHS Notice of Grant Award to Kansas. That itemized the priorities of Title X beyond family planning to include “overall health,” flu vaccinations, and mental health and social services.  PPKMM doesn’t offer those services.

Kansas has approximately 80 public health clinics as well as many other full service health outlets that can provide the elementary examinations, contraceptives and disease testing typically reimbursed under Title X.

Since 2009, the Kansas legislature has annually approved this prioritization of public clinics—the Kinzer/ Huelskamp amendment drafted by KFL; it had been vetoed by Governors Sebelius and Parkinson but approved in every budget under current Gov. Sam Brownback.

The Kansas budget provision on Title X does not mention abortion. Nonetheless, PPKMM objected that KDHE (the state health department) could not exclude abortion-connected clinics from Title X grants.

Marten bought into this abortion-bias argument and erroneously forced KDHE to direct approximately one million dollars over the past three years, mainly to Planned Parenthood of Kansas & Mid-Missouri. A small portion of that funding went to the now-defunct Dodge City Family Planning Clinic, which Marten had added to the initial complainants.

Kansas has again successfully defeated litigation from abortion interests—our second win, with 2 laws still under challenge.

Read Full Post »

Rep. Steve Brunk, lead sponsor of Alexa's Law

Rep. Steve Brunk (R-Wichita) lead sponsor, Alexa’s Law

It has been well documented for decades that pregnant women have been attacked and murdered in order to kill their unborn children. The development of abortion-inducing drugs, however, has produced an increasing crime wave of abortion by trickery.

There was nationwide news coverage of the trial and conviction this month of Floridian John Andrew Welden for committing abortion by secretly swapping his pregnant girlfriend’s medication with abortifacient pills that killed their unborn child.

Now comes the indictment of a Kansas man for allegedly sneaking crushed abortion pills into his girlfriend’s pancakes, killing their unborn child.

On Tuesday, the office of Kansas Attorney General Derek Schmidt issued this criminal complaint against Scott Robert Bollig for first degree murder, attempted first degree murder, aggravated battery and distributing adulterated food, causing the death of an unborn child at 8-10 weeks estimated gestation.

Part of the pro-life agenda has been to pass laws that uphold the full humanity of the unborn child, including prosecution for both victims following crimes committed against pregnant women and their unborn children.

The criminal complaint against Bollig is based on just such a law– “Alexa’s Law,”— passed in Kansas in 2007, read more here and here.

Kansas was the 35th state (of now 37) to pass such a law, modeled on the 2003 federal “Unborn Victim of Violence Act” designed by the National Right to Life Committee. (see this NRLC list)

Alexa’s Law protects unborn children from fertilization through full term, while some states have enacted limited protection after viability.

Within six months of passage of Alexa’s Law, two pregnant women and their unborn children were murdered in Kansas, and their murderers convicted under this law. Here are the cases known to Kansans for Life that have since utilized Alexa’s Law for charging and convictions:

  1. Sedale Fox was convicted of two first degree murders for shooting his girlfriend to death and the death of their unborn child on Jan. 8, 2008. Read more here.
  2. Andrew Guerrero was convicted for three murders by shooting, committed on Feb.3, 2008—his ex-wife, her 8-month-old infant and an additional unborn child detected in autopsy. Read more here.
  3. Jason Cott was convicted of two counts of first degree murder for the Jan. 20, 2010 strangulation of his wife and death of their unborn child. Read more here.
  4. Ricardo Barnhart was convicted of two counts of aggravated battery for the beating of his wife and injury to their 38-week gestation unborn child on March 19, 2013; mother and child survived. Read more here.
  5. Richard Bennet was charged with 2 counts of attempted murder for the stabbing of his pregnant ex-girlfriend on June 18, 2013. she and the unborn child survived the attack. Bennet was sentenced to parole on lesser charges after the girlfriend later died in a freak accident before his trial. Read more here.
  6. Bryant Seba has been charged with two counts of first degree murder after he allegedly shot and killed his pregnant neighbor and unborn child on July 24, 2013. Read more here.
  7. Scott Bollig has been charged with first degree murder for the premeditated murder of his unborn child, Jan. 26, 2014; the mother survived, after allegedly being tricked into eating abortion-causing medication. Read more here.

“Alexa’s Law”—a tool enacted to uphold the value of any human victim of crime– is being utilized in crimes of abortion “by deceit” not even envisioned when the law was passed.

Pro-lifers are working diligently on all fronts to overturn the unjustifiable legalization of abortion, including building a cache of laws that recognize the humanity of the unborn and protect the unborn whenever possible.

Read Full Post »

« Newer Posts - Older Posts »