Kansas filing will buttress defense of ban on dismemberment abortions.
Citing a litany of compelling reasons, Kansans for Life filed an amicus curiae (literally, friend of the court) brief with the Kansas Supreme Court on Feb. 8.
The amicus brief defends the 2015 "Unborn Child Protection from Dismemberment Abortion Act" and asks the Court to
* dissolve a district court injunction against the law, and
* deny the existence of any state constitutional "right" to abortion.
The Court will hold a hearing on the matter March 16 at 9am in the state capitol.
Shawnee District Court Judge Larry Hendricks issued a temporary injunction on the first-in-the-nation ban in June of 2015, preventing the law from going into effect.
In it's amicus Kansans for Life argued the district court's 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." Second, the Act only limits the gruesome method of live dismemberment, not all second-trimester abortions. The same logic that upheld the partial-birth abortion ban will also uphold a ban on the equally horrific shredding of still-alive unborn children.
The brief concludes saying, "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."
On January 22, 2016, the Kansas Court of Appeals issued a split 7-7 decision about the district court ruling, which meant the block remained in effect. The State appealed that decision to the Kansas Supreme Court.
The Attorneys representing Kansans for Life in court are Teresa Collett and Joe Patton. Teresa Collett graduated with honors from the University of Oklahoma College of Law. She is a law professor at the University of St. Thomas School of Law and also authored ten other amicus briefs on pro-life issues including representing the Association of American Physicians & Surgeons et al., in Stenberg v. Carhart, 530 U.S. 914 (2000). Joe Patton obtained his Juris Doctorate at Washburn University School of Law, is the President of Kansans for Life, a founder of Kansans for Life, and Senior Partner in the law firm of Patton and Patton, Chartered.
By Kathy Ostrowski, Legislative Director, Kansans for Life
Caption: STOP DISMEMBERMENT ABORTION
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|Title Annotation:||Kansans for Life|
|Publication:||National Right to Life News|
|Date:||Feb 1, 2017|
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