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Archive for Thursday, August 18, 2005

Kline seeks court order prohibiting state-funded abortions

August 18, 2005

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— Kansas Atty. Gen. Phill Kline has filed a lawsuit against Gov. Kathleen Sebelius seeking a court order to prohibit state-funded abortions.

The lawsuit states that the expenditure of state funds for abortions violates the Kansas Constitution's protection of "inalienable natural rights, among which are life, liberty and the pursuit of happiness."

The suit also seeks to have the court determine that life starts at fertilization when "a new, unique and genetically distinct human being is formed, distinct from its host while dependent upon her."

The state is allowed through Medicaid, a federal and state funded program that provides health care to low-income Kansans, to pay for abortions. State officials did not immediately say how many abortions were funded through Medicaid per year.

The suit was filed on behalf of Kline by Rep. Lance Kinzer, R-Olathe, whom Kline appointed as special counsel in the case

"I was asked to bring a suit to determine whether there is a conflict to using state funds, through Medicaid, for abortions," Kinzer said.

He said for the court to resolve that issue, "there has to be a determination that the unborn baby qualifies as a person in Kansas' Bill of Rights."

The lawsuit was filed in Shawnee County and is before District Judge Terry Bullock. It was filed against Sebelius, Secretary of Administration Duane Goossen and Bob Day, who is head of Sebelius' health and policy division.

Kline, a staunch opponent of abortion, sought the action in response to a resolution adopted by the Kansas House in 2002 that directed the attorney general to take court action to get a binding determination on whether state funds can be used for abortions.

Whitney Watson, a spokesman for Kline, said, "We did what we were compelled by the Legislature to do."

Asked if Kline agreed with the petition, Watson said, "It was filed on behalf of the attorney general."

Sebelius criticized the lawsuit.

"The state of Kansas is required to follow federal law, which restricts Medicaid funding (for abortion) to three areas only: In the cases of rape, incest and when the life of the mother is threatened. Failing to comply with these requirements would jeopardize the health care dollars Kansas receives from Medicaid which totaled $1.2 billion last year alone," Sebelius spokesperson Nicole Corcoran said.

Staff writer Scott Rothschild can be reached at 785-354-4222.

Comments

Baille 9 years, 4 months ago

And so how to we handle ectopic pregnancies if to terminate such a pregnancy would violate the blastula's "constitutional rights?"

How do we handle reconcile this with the US Constitution and the decision in Casey v. Planned Parenthood?

This is what we get when we hire doorknob with the legal ability of a mayfly as the AG. Kline is an idiot.

Richard Heckler 9 years, 4 months ago

TOB is on the money. I have doubts that this could be used in a positive political manner. It sometimes appears that this AG does not have enough to do.

In view of the Connie Morris fiasco I would rather the AG spend some time looking at the entire Kansas State Board of Education member expenditures. Some of which Ms. Morris had spent did not appear as though all of the trips were necessary or directly related to KSBOE matters. So are others doing the same?

Richard Heckler 9 years, 4 months ago

So Mr. Kline would you care to investigate Ms Morris further and in the process take a peek at other expenditures written off to the state submitted by all of the members?

BTW who approves these requests?

princess 9 years, 4 months ago

porkribs, your situation sounds unfortunate. It clearly caused you pain and for that I am sorry. However, it also has clearly marred your judgment on this issue. Please try to keep your hate in check. There are other c

princess 9 years, 4 months ago

Whoops. Please ignore that last half sentence. I am a button pushin' fool:)

nomorebobsplease 9 years, 4 months ago

porkribs, were you willing to put that in writing, make it all legal? Too many men make promises that, a year or two later, they abandon.

Richard Heckler 9 years, 4 months ago

PorkRibs,

You obviously believed in pre-marital sex so why did you get this woman pregnant? Perhaps she did not want to be pregnant?

If what you say is true about you willing to lay out a lot money apparently was not going to work...can't buy happiness.

It sounds like you got dumped which is hard to take however princess said it best.

lunacydetector 9 years, 4 months ago

i am with porkribs and i am amazed at the callous comments from the "liberal" posters. i am amazed that the liberals, who are so self righteous regarding "freedoms" are more interested in snuffing out the life (releasing the spirit) of a defenseless child, more so than a convicted murderer. it is nuts!

it is Hitler's final solution.

the statistics are clear. abortion is predominately used as contraception (the problem is that conception has already occured).

i find it totally convoluted that the people who b*tch about corporations ripping off people because of greed, are advocates of greed when it comes to taking the life of an unborn child.

i wonder....how many on here actually have children? if you do have children, do you think about what it would be like if you no longer had your child? if you have children, how can you advocate abortion? the act of abortion is killing a child. it is the mindset of the BTK psychopath.

i think they should show abortions on television so everyone can see the little baby's (fetus') body parts when an abortion is performed. after all, they show open heart surgeries on television all the time. abortions far out number open heart surgeries. how come we can't see one on the t.v.? would the advocates of legalized baby killing watch it, or would the pro-abortion lobby stop it from airing. why would the pro-abortionists be afraid of showing something completely legal?

lunacydetector 9 years, 4 months ago

oh, and one more thing....you know how many abortions were performed in the last 5 years in Kansas to save the life of a mother?

ZERO

lunacydetector 9 years, 4 months ago

come on carmenilla....surely, you can do better than that.

J Good Good 9 years, 4 months ago

WOMEN DO NOT GET THEMSELVES PREGNANT. WOMEN ON BIRTH CONTROL GET PREGNANT. RAPE VICTIMS GET PREGNANT. PREGNANCY KILLS PEOPLE SOMETIMES. These are facts of life that people like Pork Ribs don't seem to grasp.....

lunacydetector 9 years, 4 months ago

how did i embarrass myself? i haven't had anyone comment on my questions. personal attacks don't count.

come on wendt, please show me the homework that refutes what i say.

you can't.

you should be embarrassed.

J Good Good 9 years, 4 months ago

To respond to Luncay Detector: Most of the women who have had abortions either have children already or go on to have children later in life. I know that many people cannot seem to grasp that there is an actual difference between the early stages of pregnancy and the child that you bring into the world and would die for.

Being pregnant with a child under very bad circumstances is one of the most frightening things in the world. And the fact that raising a child in our society costs somewhere between 100,000 and 200,000 dollars and people are quick to judge and slow to help when you have children you can't afford doesn't exactly help.

J Good Good 9 years, 4 months ago

I don't know how many abortions we are talking about, but I am assuming it isn't a lot. When a woman is going to die cause she is pregnant, she deserves it cause she shouldn't be pregnant? When a rape victim is pregnant, too damm bad and she should suffer more?

We all pay taxes for things we do not agree with. We all have blood on our hands.....

Manson2k 9 years, 4 months ago

PorkRibs:

I too had a girlfriend (in high school) who got pregnant and had an abortion without me finding out she was even pregnant. When I did find out (years later when our relationship was history), my hatred for her (and abortion) consumed me. It took a good ten years to be able to live in my own skin again, and I have even forgiven her for making the decision she felt she had to make without my input, opinion, or trust.

The points you make are valid ones, but they are presented in such an angry and belligerent manner that you nullify what you are hoping to achieve. I agree that tax dollars shouldn't fund abortions, but the use of the term "liberal pigs" is a little bit grandstanding, don't you think? If you want to truly win over some people, learn to speak clearly, with little emotion, and say exactly what you mean.

If you are here to spout anger and try to whip people into a frenzy, then don't. Be a productive part of the debate, not a stereotypical part. People may listen to you more.

I am saying this as someone who has been where you are before, and the sun shines brighter in the morning once you can let go of the anger and the bitterness.

My final word on the matter: as someone who personally knows Phill Kline, I am appalled that he is obviously trying to use this issue solely for political gain. If he really cared about decreasing abortions in the state of Kansas, he would approach the goal with more intelligence, tact and true intent. Sadly, he has become a real poster boy for someone who only pretends to care about more than his political career. I have lost all respect for him, and he will never have my vote again.

Godot 9 years, 4 months ago

Says Sebelius,"The state of Kansas is required to follow federal law."

Yeah, and that's why she set up the Canada drug deal that is probited by Federal law. She picks and chooses the laws she obeys.

onehotmomma 9 years, 4 months ago

As a so-called "Liberal Pig" I'm not against teaching creationism in school, but I'm for teaching evolution in the same classes.

There is no way to make this a right or wrong situation. Your choices are not my choices. The act of governing is not going to make everyone happy all the time. Tax dollars are spent on things that don't benefit most, but will benefit a few. As the old saying goes, You can please some of the people some of the time, but you can't please all the people all of the time. Please understand that you are not the only person paying into the tax system.

And by the way lunacydetector - I have had two children and lost one. Buried her in 1997, so I can tell you that I have missed her every single day since.

PorkRibs - man let go of some of your anger. It just raises your blood pressure and irritates others. Stop preaching and start educating. The only way to end abortions is to stop unwanted and unplanned pregnancies.

kskris 9 years, 4 months ago

Manson2k- great post, you're correct on Kline using this issue solely for political gain. I just wish others would see it as well. Also, it was very kind of you to share your own personal story with porkribs. I hope he takes your advice for his own health. Again, great post.

Charles L Bloss Jr 9 years, 4 months ago

I like Kline a lot, but in this case I think he doesn't have enough to do. I guess I'm pro choice.

Cait McKnelly 9 years, 4 months ago

I think people need to look at what those tax dollars are being spent on before they start howling about murder of innocent babies. To save the life of the mother. To deny a woman the right to an abortion to save her own life is saying that HER life has no worth. Not to mention the fact that if the mother dies the baby dies with her anyway. Why sacrifice TWO lives when at least one can be saved? I also have one other question; where did lunacydetector get his/her statistics that zero abortions have been performed in the last 5 years to save the mothers life? I just love people who make up statistics in the middle of a debate.

Richard Heckler 9 years, 4 months ago

If you have sex without some method of birth control then it's the male responsibility to pull it out. Males have the sperm and men know when the orgasm is about to take place. Just because a woman spreads her legs does not mean the male must partake...so men take the advice you give the women. Just say no and as a matter of fact don't bother to unzip your pants. Mind your manners and say no thank you I must go now.

From a father with a beautiful and loving wife with 3 beautiful,in so many ways,children

Here's the good news

Abortion: Just the Data : New Report Shows Procedure's Numbers Down

By Naseem Sowti Washington Post Staff Writer Tuesday, July 19, 2005; Page HE01

A new analysis of the most recent abortion data shows that the number of U.S. women having the procedure is continuing its decade-long drop and stands at its lowest level since 1976.

In the year 2002, about 1.29 million women in the U.S. had abortions. In 1990, that number was 1.61 million.

cowboy 9 years, 4 months ago

Kline is following the tradition of lunatic AG's in Kansas. Wasn't it Vern Miler who used to jump out of trunks here in Lawrence to bust the hippies way back. This guy , Ryun , and Brownback are all pathetic jokes as most of the high and mighty politicians turn out to be . One by one they are getting indicted.

Baille 9 years, 4 months ago

"oh, and one more thing....you know how many abortions were performed in the last 5 years in Kansas to save the life of a mother?

"ZERO"

Not according to Kline. By his definition, every surgically ended ectopic pregancy was an abortion - and it was required to save the life of a mother. You know how bad sepsis can be, don't you, She-Who-Gives-Medical-Advice?

"The suit also seeks to have the court determine that life starts at fertilization..."

Every surplus fertilized egg sitting in the freezer of an IVF clinic is an abortion waiting to happen. Every mother who smokes, drinks, or dares take prescription medication post-coitus is a possible child (genetically distinct blastula-child) abuser.

Of course legal definitions - or anything law related really - has never been Kline's strong suit.

Richard Heckler 9 years, 4 months ago

Posted by offtotheright on August 18 at 9:53 p.m. (Suggest removal) Abortion = WEAK COWARD!

Not pulling it out and forcing a pregnancy = female abuse

Richard Heckler 9 years, 4 months ago

If Phill Kline is involved it is about stopping abortion.

J Good Good 9 years, 4 months ago

I am an idiot? What a great argument! Well thought out, now I'm convinced.

Which part of the statement that I made is NOT true?

Kids are not really expensive? People don't judge those that can't afford to take care of their own kids? Pregnancy under bad circumstances is not frightening?

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