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Posts Tagged ‘kansas State Supreme COurt’

Patrick Wiesner, passed over for Orman

Patrick Wiesner, passed over for Greg Orman

Last month, Kansans witnessed court shenanigans to secure a dirty back-room deal to try to stop Republican pro-lifers from taking over the U.S. Senate majority.

The floundering Democrat Senate candidate– Topeka District Attorney Chad Taylor—submitted a last-minute statement of withdrawal on Sept.3. Taylor did not type out,“I am incapable of fulfilling the duties of this office if elected,” which (after the primary has passed) is the only allowable excuse, other than death, for getting out under Kansas statute 25-306a .The Kansas State Supreme Court ruled that his use of the phrase “pursuant to” in his statement, sufficed to remove his name.

No one disputes that Taylor’s exit was designed to facilitate opposition to 3-term GOP incumbent, Sen. Pat Roberts, coalescing around multimillionaire “independent” candidate, Greg Orman, who’d been running TV commercials promoting his candidacy before he was even technically on the ballot. (Read pro-abortion support for Orman here and national media frenzy over the Roberts challenge here)

The tougher question that the Kansas State Supreme Court ducked was whether the Democrat Party could be held in contempt (and fined) for not supplying a Democrat replacement for Taylor. The party had publicly refused to find a replacement after Secretary of State, Kris Kobach, said the law required it (even with a viable candidate, see below).

A lone, long-time-Democrat-voting citizen, David Orel, filed suit for Democrats to perform that duty.

The state Supreme Court wanted to dodge that question and certainly the fact that four of those justices are Democrats and one of their homes was being used that week for a Democrat fundraiser had no impact, right? So the issue of whether the Democrats were illegally not replacing the Taylor name was sent to a lower court panel of three judges who

  • were insulted that Orel did not come to court, although his attorney argued that the court merely needed to interpret the statute, without testimony;
  • found that Orel would not be uniquely harmed by not having a Democrat candidate for U.S. Senate on the ballot;
  • ruled that the law about replacing withdrawn candidates was not a mandate, just an option.

Now, it is true that current legal scholars hate laws that use the word “shall.” But, as the filing of the Kansas Attorney General’s office in this matter explained, the pertinent Kansas election provision in the Taylor/Orel matter uses “shall” for some mandates and “may” for some optional duties—indicating that the legislators understood the difference, and that candidate replacement by the party (after the primary) was mandatory.

WHERE’S WALDO?
But, wait… where was the Democrat whom the public and the courts should have heard from? The rightful replacement for Taylor is Taylor’s runner-up in the primary, who garnered 46.3% of the vote and who could, with not much effort, resume campaigning for the seat.

Patrick Weisner is that person– a successful CPA and attorney, newly retired from the military, who in fact had also campaigned for the U.S. Senate seat in 2010! Where had he disappeared to in all this? Oh wait, a perusal of Weisner’s political positions (here, here and here) shows he is not a lock-step Democrat. Guess he was muffled off as part of this back-room deal.

In conclusion, Kansas election law enacted to preserve the integrity of primary-chosen candidates has been perverted and needs to be revisited.

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The pre-trial hearing for the felony prosecution of Planned Parenthood of Mid-Missouri Kansas has been delayed til Nov. 9  because 23 Planned Parenthood-specific state abortion reports have been discovered as destroyed.

Judge Stephen Tatum granted the continuance due to the state’s plea that only recently had they learned that crucial evidence for proving a forgery —original copies of those state late-term abortion compliance reports from Planned Parenthoodhad been destroyed in 2005 by the state of Kansas Health department (KDHE) under Gov. Kathleen Sebelius.

Despite requests, the KDHE has not yet issued a public comment on this bombshell that it had actually destroyed selective documents.

Back in 2005, Sebelius was losing her fight to keep various subpoenaed state information relevant to illegal post–viability abortions away from then-Attorney General Phill Kline.  Kline had attained what’s called “probable cause” that crimes had been committed and was seeking patient files.  But he had also seen copies of these state compliance reports which bore no patient names but were important because they had been filed with bogus language where legitimate medical reasons were supposed to have been supplied.

Political machinations swallowed those anticipated big-gun prosecutions.  Kline lost his 2006 re-election campaign, but became the District attorney for Johnson County, the home of the Kansas Planned Parenthood abortion facility.   He lodged 107 criminal charges against Planned Parenthood in October 2007, including 23 felony counts for allegedly forging copies of the 2003 state reports in August 2006.

The case was repeatedly stalled when KDHE steadfastly refused to bring the original reports to court in 2008 and never gave a hint that the 23 reports had already been destroyed 3 years earlier! (more…)

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