Laws can't be enforced against abortion providers in Kansas

Is it really about some poor women with no other option? Not when the dollar signs are followed by 6 zero's. Here is a modern mockery of justice in Kansas presented in an NRO article titled, Supremely Wrong.
The former state attorney general and current district attorney of Johnson County, in suburban Kansas City, Kline is that most unfortunate of political creatures — the inspired reformer. The object of his quixotic campaign is to reform the abortion laws of Kansas — not by changing them, but by simply enforcing them.

In a place like Kansas, you might think, that’s T-ball politics — but that would only be in the Kansas of popular (and Thomas Frank’s) imagination, where wily conservatives are winning the culture wars. They’re definitely not, as Kline now knows well. He started his mission after being elected attorney general in 2002. After six years, he has been so badly mangled by Kansas’s political machinery that he’s the one under siege.
That’s his punishment for conducting a string of long and fruitful investigations that appear to show that the state’s largest abortion providers — including Johnson County’s Planned Parenthood clinic and George Tiller’s infamous late-term-abortion clinic in Wichita — have not only performed illegal abortions, they’ve also falsified documents as part of a cover-up...

This week, in the case’s latest set of turns, Kline found himself asking for the supreme court to stop silencing Anderson and at the same time, moving to block a lawsuit by Planned Parenthood seeking to get back the records that are at the heart of the case, and would be used against them in a trial. Allowing criminal defendants to sue prosecutors to retrieve the evidence that could be used against them is another Kansas Supreme Court novelty.

Napolitano accused the court of violating the separation of powers — a repeat of something many Kansans thought the court did in 2005, when they determined the exact dollar figure the legislature must spend on upholstering the state’s educational bureaucracy. Kline, he pointed out, is fulfilling the legal functions of the executive branch and the supreme court has no right to get in the way. He thought Kline had two options: “One, to persuade the people that the justices should be impeached, or, two, take the case to a federal judge” where the state supreme court’s apparent obstruction could be deliberated.

Caleb Stegall, Kline’s lead attorney, saw the case in simple terms. “Laws restricting and governing abortion are worthless if they cannot be enforced,” he said, “and up until today, they have not been enforced. Planned Parenthood wants to keep it that way. So the message being sent by this case as a whole is if you try to enforce these laws, if you even try to talk about enforcing these laws, we will bury you. This overriding message has seeped into our body politic and threatens to corrupt some of our most basic and cherished principles such as freedom of speech and political debate, the rule of law, and the principle of equality before the law.”

Prayers to the only righteous judge might be the only way to cut this unrighteous Gordian knot.


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