Kansas legislators won a significant victory today over notorious abortionist George Tiller. Tiller, who has been charged with 19 misdemeanors for violating the state’s late-term abortion law, had argued that certain provisions of the law were unconstitutional, and that therefore the case against him should be dismissed. Judge Owens denied that motion today.
With the help of AUL, 20 Kansas legislators filed an amicus curiae brief last summer demonstrating that Kansas’ late-term abortion law—and particularly the provision requiring a physician unaffiliated with the abortionist confirm the medical need for the abortion—is entirely constitutional. The legislators established that, under United States Supreme Court precedent, the state’s interest in life is substantial after viability; that extra cost or delay do not constitute undue burdens; and that abortion may be treated differently from other medical procedures. The legislators also demonstrated that physicians’ rights are not paramount, and that Tiller misrepresented court decisions in making his arguments.
Now that Tiller’s motion has been denied, the case should proceed—meaning that one of the nation’s most notorious abortionists will finally stand trial.
The brief filed by AUL can be read here (PDF). AUL filed the brief on behalf of Kansas Senators Karin Brownlee, Les Donovan, Sr., Mark Gilstrap, Tim Huelskamp, Phillip Journey, Julia Lynn, Peggy Palmer, Dennis Pyle, Ralph Ostmeyer, and Susan Wagle and KAnsas Representatives J. David Crum, Owen Donohoe, Benjamin Hodge, Steve Huebert, S. Mike Kiegerl, Lance Kinzer, Ray Merrick, Rob Olson, Virgil Peck, Jr., and Arlen Siegfreid.
