Pro-life Physicians Intervene to Appeal Federal Court Ruling Blocking Kansas Clinic Licensing Law

Kansas City, KS – The American Association of Pro-life Obstetricians and Gynecologists (AAPLOG) yesterday filed an appeal of a Federal Court ruling that blocked a new Kansas abortion clinic licensing law (SB 36) from taking effect.

“The court’s ruling blocking the law places women at unnecessary risk and places the profit margins of abortionists over the lives and safety of women. It became clear that the Attorney General’s office had no intention of filing the appeal, so AAPLOG stepped up to the plate in the interest of protecting women from abortion clinics that do not meet minimum safety standards and have no intention cleaning up,” said Operation Rescue President Troy Newman, who worked for years in Kansas in support of clinic licensing legislation.

Yesterday’s filings state, “AAPLOG has members in Kansas who will be directly affected by the disposition of this lawsuit. Specifically, the reduced safety, less-than-ideal sanitary conditions, poorer accommodations and lack of follow-up care at abortion facilities in the absence of SB 36 inevitably exacerbates complications among post-abortive women, and shifts costs of abortions onto AAPLOG members who treat post-abortive women. In addition, AAPLOG members are put at a competitive disadvantage by the enjoining of SB 36: AAPLOG members provide costly follow-up care for their services while Plaintiffs often do not unless required by SB 36.”

Attorneys representing AAPLOG are Andrew L. Schlafly of Far Hills, New Jersey, and Thomas M. Dawson of Leavenworth, Kansas. Schlafly is a nationally respected attorney who is also the son of pro-life pioneer Phyllis Schlafly.

Abortionists Herbert Hodes and Traci Nauser sued to block the clinic licensing law from taking effect. They were joined by the troubled Aid For Women abortion clinic, which failed to pass the inspection required for licensing under the new law. Hodes and Nauser refused to submit to an inspection.

“Right now in Kansas, dangerous abortion clinics operating under substandard conditions continue to endanger women,” said Newman. “There are parts of the new law that have already been found to be Constitutional, like the requirement that abortionists maintain privileges with a hospital within 30 miles of their clinics. These portions of the law should not be enjoined while other parts of the law are challenged. Women deserve the legal protections of the law now.”

Documents:

  • AAPLOG Notice of Appeal
  • AAPLOG Motion to Intervene
  • AAPLOG Memorandum to Intervene