Posts Tagged ‘ACLU of Kansas & Western Missouri’

Shortly after Tuesday’s 45-minute hearing, federal district Judge Thomas Marten once again issued a written ruling stomping on Kansas’ state sovereignty.

He allowed the ACLU-represented Dodge City Family Planning (DCFP) clinic to join Planned Parenthood in halting the new Kansas family planning proviso. This marks the third failing clinic Marten has funded through an injunctive action.

The state of Kansas has already appealed his earlier injunction for Planned Parenthood to the 10th Circuit court of appeals and action there is not anticipated for at least 6 weeks.

DCFP had asked for $40,000 plus attorney fees. Absent any 10th Circuit action, Marten ordered the state to immediately pay DCFP an unspecified amount with another ‘quarterly payment’ in six weeks.

Marten relies heavily on one DCFP-employee affidavit that they alone could provide family planning for hundreds of low-income, minority women in Dodge City. However, in an Oct.13 rebuttal brief, the state presented facts that Ford County (home to DCFP) continues “to have access to family planning services through

  1. private providers,
  2. a Federally Qualified Health Center (“FQHC”), the over-$2-million-dollar-funded United Methodist Mexican-American Ministries in Dodge City, which chose not to apply to be a Title X delegate agency because of the lawsuit,and
  3. nearby delegate agencies, totaling 16 nearby clinics.”

The defense added,” the State of Kansas will continue to ensure the availability of, and access to, a wider variety of critical medical services to those Kansans most in need. In essence, the only entity that would “win” from injunctive relief would be DCFP, not the low income Kansans for whom Title X was enacted.”

Marten insists (more…)

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District Judge Wesley Brown

UPDATE, Thurs. Sept. 29 : Judge Brown denies ACLU injunction

Kansas’ new health insurance law barring elective abortion coverage in private insurance plans without individually-purchased “riders” passed its first hurdle last Monday.  That’s  when U.S. Magistrate Kenneth Gale forwarded his recommendation to U.S. District Judge Wesley Brown that a preliminary injunction be denied.

(Noteworthy is that Brown, age 104 and appointed by President Kennedy in 1962, ties an age record for the federal bench. He is phasing out his criminal caseload but still hears civil cases, relying on other judges to work up a recommendation.)

The ACLU of Kansas & Western Missouri had sought a preliminary injunction based on the claim that the lack of insurance-paid abortion showed gender discrimination and functioned as an impermissible “tax” on abortion. 

However, similar laws protecting the conscience rights of employers and employees in seven other states [Idaho, Kentucky, Missouri, Nebraska, North Dakota, Oklahoma, Wisconsin] have survived (more…)

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