By Clarke D. Forsythe and Denise M. Burke
Kansas Governor Kathleen Sebilius has been nominated to serve as Secretary of the U.S. Department of Health and Human Services (HHS). If confirmed, she will be in a position to profoundly influence American healthcare including federal and state policies regarding abortion, healthcare rights of conscience, bioethics and biotechnologies, and end-of-life issues.
On balance, Gov. Sebelius’ record demonstrates that she is unfit to serve as HHS Secretary and should not be in a position to make such important policy determinations including:
- Whether to rescind, modify, or retain HHS rules requiring that recipients of certain federal funding certify their compliance with existing federal law supporting healthcare fights of conscience;
- Whether to expand the over-the-counter availability of abortifacients such as “Plan B” (so-called “emergency contraception”) to allow minors to obtain these controversial and dangerous drugs without a prescription or doctor’s involvement; and
- Whether to rescind approval for or, at a minimum, review the safety and efficacy of RU-486 (“the abortion pill”) which has killed at least 7 women in the U.S. since it was approved by the FDA in September 2000.
So, what is her record on these critical issues?
Gov. Sebelius served four terms (1987-1995) in the Kansas House of Representatives and two terms (1995-2003) as the state’s elected Insurance Commissioner. She was then elected Governor in 2002 and re-elected in 2006.
In the 1980s and 1990s then- State Representative Sebelius voted to weaken or eliminate even such modest abortion-related measures as parental notification, reflection periods and informed consent.
However, her record as Governor is – in substantial part – even more extreme in its support for abortion.
She has routinely opposed or vetoed several abortion-accountability bills, including medically-supported clinic regulation legislation which she vetoed in both 2003 and 2005. The need for this critical legislation was predicated, in large part, on evidence of shocking conditions in Kansas abortion clinics. For example, two inspections of the same Topeka abortion clinic discovered fetal remains stored in the same refrigerator as food; a dead rodent in the clinic hallway; overflowing, uncovered disposal bins containing medical waste; unlabeled, pre-drawn syringes with controlled substances in an unlocked refrigerator; improperly labeled and expired medicines; carpeted floor in the surgical procedure room; and visible dirt and general disarray throughout the clinic. Dr. Krishna Rajanna, who operated the unsanitary clinic, also consistently violated the practice guidelines for conscious sedation.
Recently, in 2008, she vetoed a measure that would have strengthened the state’s existing parental notification law by 1) requiring that any adult accompanying a minor show identification, declare in writing their relationship to the minor, and identify the father of the unborn child; 2) requiring the minor to show some form of photo identification providing identity and place of residence; and 3) if the minor chooses to seek a judicial waiver, prohibiting any employee of an abortion provider or clinic from assisting her with the requisite court filings and proceedings.
More shocking, however, is her continuing and unyielding support for late-term abortions including post-viability abortions. Over the past three years, she has vetoed measures:
- Requiring explicit medical reasons for late-term abortions;
- Requiring abortion providers to report the diagnosis or the nature of the condition which necessitated a post-viability abortion; and
- Permitting injunctive relief for either a completed or about-to-be-performed illegal late-term abortion and adding certain prosecutors (in addition to the Attorney General) to prosecute violations of existing prohibitions on late-term abortions
Interestingly, in the face of these controversial vetoes, Gov. Sebelius honored late-term abortionist George Tiller, 25 friends and employees of Tiller’s abortion clinic, and Nebraska partial-birth abortionist LeRoy Carhart, at the Governor’s mansion in April 2007. As documented by Associated Press (AP) reporter John Hanna, after the AP filed a request for documents under the Kansas Open Records Act, Gov. Sebelius is shown in photographs, pointing with gratitude to Tiller who is holding a campaign t-shirt featuring her name. Tiller is currently facing criminal prosecution for 19 counts of illegally performing late-term abortions. His trial is set to begin on March 16, 2009.
Gov. Sebelius not only honors radical abortion supporters and renegade practitioners at the Governor’s mansion, she also appoints them to important state positions. For example, she appointed a former abortion clinic “escort” John Carmichael, a militant supporter of Tiller’s Political Action Committee, ProKanDo, to the Human Rights Commission. His name was quietly withdrawn ten months later in May 2008. See http://kansasmeadowlark.com/2008/05/05/sebelius-withdraws-appointment/.
She also appointed political supporter and abortionist Howard Ellis to serve on the Kansas State Board of Healing Arts after he surrendered his medical license in Missouri rather than face disciplinary charges. Ellis resigned under pressure, and two months later was charged by the Board with attempting to persuade a physician to falsify records. See http://www.wibw.com/home/headlines/2569646.html.
A fair and honest review of her record shows that she has signed some important pro-life legislation since becoming Kansas governor in 2003:
- In 2004, legislation promoting morally-responsible growth of the biotechnology industry. The state has specifically indicated that the terms “bioscience,” “biotechnology,” and “life sciences” shall not be construed to include 1) induced human abortions or the use of cells or tissues derived therefrom, and 2) any research the federal funding of which would be contrary to federal laws that are in effect. However, the specific language excluding destructive biotechnologies was included at the insistence of several Kansas legislators and local pro-life groups and did not have the support of Gov. Sebelius who nonetheless signed the legislation.
- In 2005, legislation that required any physician performing an abortion under a girl 14 years or younger to retain fetal tissue and turn it over to Kansas Bureau of Investigation for use in potential prosecutions for sex crimes against children; and legislation providing $300,000 in state funding for abortion alternatives. Notably, in 2005, Gov. Sebelius used all of her political capital fighting against legislation that sought to mandate medically-supported regulation of abortion facilities. Specifically, the clinic regulations bill passed both the House and Senate by veto-proof majorities, but was adamantly opposed by Tiller. Gov. Sebelius vetoed it and later lobbied Democrat legislators to change their vote and not override her veto. Thus, according to Kansas pro-life groups, she then had little to no political capital available to oppose these measures.
- In 2006, the Pain Patients Bill of Rights which specifically permits opiate dosages necessary to eliminate pain, but did not legalize assisted suicide.
- In 2007, unborn victims of violence protections, criminalizing the homicide of and assault upon unborn children at any stage of gestational development. However, Gov. Sebelius has a long history of opposing this legislation. She finally signed it after it was attached to a crime bill that she wanted and after significant pressure from the media and the family of a young woman killed in a murder for hire scheme while she was 8 months pregnant.
However, on balance, Gov. Sebelius’ record demonstrates that she is unfit to serve as HHS Secretary and should not be in a position in influence American healthcare policy for years to come.
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