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Posts Tagged ‘Aid for Women lawsuit’

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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On Oct. 11, Judge Thomas Marten allowed the 2-person Dodge City Family Planning (DCFP) to piggyback onto Planned Parenthood’s lawsuit against Kansas’ Title X new eligibility requirements.

Marten agreed DCFP had a claim to “irreparable harm” under the state proviso that Marten has repeatedly declared violates federal language. The failing southwestern Kansas clinic wants $40,000 from state coffers as Marten has already forced the state to send $58,000 to Planned Parenthood.

But after receiving the State’s Oct.13 rebuttal that enumerates the real facts about DCFP, Marten scheduled a Tues. Oct.18 hearing on the matter.  He may be reconsidering his hasty addition of the clinic to the current injunction.

Marten is a federal judge appointed for life; he can only be removed by Congress and it hasn’t impeached any federal judge in many decades. But one thing judges don’t like to do is rack up appellate court reversals —

especially the kind of rebuke Marten was dished in 2006 when his preliminary injunction favoring abortion clinics was overturned.

Marten had issued an injunction to stop Attorney General Phill Kline’s official interpretation that the law required (more…)

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