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Posts Tagged ‘Stephen McAllister’

Kansas Supreme Court

The Kansas Supreme Court will hear oral arguments Thursday morning in the most important pro-life issue ever to be decided in state history: whether a previously unknown  “fundamental” right to abortion is part of the 1859 state Constitution’s Bill of Rights.

This momentous case began in June of 2015, when abortion interests sued SB 95, the newly-enacted Unborn Child Protection from Dismemberment Abortion Act. This first-in-the nation ban—which other states have enacted and others are now seeking to pass—would prohibit the barbaric method of tearing apart fully-formed unborn children, piece by piece, while they are still alive inside their mother.

Shawnee District Court Judge Larry Hendricks issued a temporary injunction against the measure. He concluded that abortion interests would eventually prevail when a state right to abortion was officially acknowledged. A split decision of the Kansas Court of Appeals on the matter last January left Hendricks’ injunction in place.

Solicitor General Stephen McAllister will argue the case for the KS A.G.

The legal team for the Kansas Attorney General, Derek Schmidt, has rigorously defended SB 95 as an authentic exercise of the state’s regulatory powers. They have repeatedly argued that any idea that Kansas actually has enshrined a right to abortion “is a fantasy.”

KFL FRIEND OF THE COURT BRIEF
As it had for the first appeal of SB 95, Kansans for Life filed an “amicus curiae” (friend of the court) brief, buttressing the arguments of the Attorney General.

The KFL amicus asks that the Kansas Supreme Court reverse the injunction issued by Judge Hendricks and “declare that no right to abortion can be implied or created based on the text, history, and jurisprudence of this state.” The amicus points out:

  1. The Hendricks’ ruling is in direct conflict with the primacy of place given to the right to life in the Kansas Bill of Rights, which declares, “All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.”
  2. The litigation against SB 95 thus far has treated the case as if no application of the ban is constitutional (called a facial challenge) when in fact, the abortionists challenging the ban have presented documentation that undermines that claim.
  3. The same logic that upheld the federal partial-birth abortion ban (in the 2007  U.S. Supreme Court’s Gonzales ruling) will also uphold a ban on the equally horrific shredding of still-alive unborn children.
  4. Senate Bill 95 is based on the simple proposition that causing gratuitous pain to other human beings is fundamentally wrong— the foundation of the Kansas statutory prohibition of torture and enhanced penalties for crimes involving torture.

In its conclusion, the KFL brief advises the Kansas Supreme Court that:

“There simply is no basis in the Kansas Bill of Rights for a ruling that requires the state to tolerate live dismemberment abortion – a ruling that affords unborn children less protection than afforded by state statute to the livestock in this state.”

Many pro-lifers are praying that the justices will be positively affected in this hearing tomorrow. The hearing will be live streamed here.

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Magistrate Judge Kenneth Gale

UPDATE, Sept. 19: Gale recommends injunction denial to Judge Wesley Brown, who will issue the final decision.

Kansans for Life attended a 90-minute hearing today in front of U.S. Magistrate Judge Kenneth Gale in federal court in Wichita.

The hearing was about emergency action (a preliminary injunction) to halt the new Kansas law ending abortion coverage in private health insurance plans.

At the hearing, the American Civil Liberties Union (ACLU) was pressing for the injunction on behalf of unnamed women who will lose current abortion coverage.  They claim this is sex discrimination that prevents women from buying plans covering all of their “health-care needs” while imposing no limitations on the medical needs of men.

Judge Gale appeared to favor the ACLU while frequently interrupting Kansas Solicitor General, Stephen McAllister, handling the state’s defense.

The ACLU was supposed to show irreparable harms (more…)

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AG Schmidt hires help vs abortion lawyer 'army'

UPDATE Wed. July 20: Schmidt defends outside hires for abortion lawsuits
Kansas Attorney General Derek Schmidt just made a great hire –former KU law dean, Stephen McAllister—to handle the lawsuit against our new state abortion facility licensure law.

McAllister served as a clerk to former U.S. Supreme Court justice Byron White and sitting justice Clarence Thomas. He has been Special Counsel to the Kansas House.  As Solicitor General in 2007, McAllister wrote a masterful defense of the state late-term abortion law.

In related news, Schmidt hired a private law firm (Foulston Siefkin of Wichita) to defend the state in the Planned Parenthood suit over family planning money that the abortion business no longer qualifies for. (see earlier posts here and here)

The KCStar and AP report that Schmidt said he was following past practice, as previous attorneys general did for special topics that are resource intensive, like school finance, water boundaries, and, now, abortion.

With 10 attorneys on staff handling more than 600 cases, Schmidt said he had to seek outside legal help, when faced with “a small army of out-of-state lawyers.”   Schmidt continued, (more…)

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