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Kansas Liberty: 28 July 2008
Criminal trial against late-term abortionist Tiller can proceed
Judge declares Kansas' abortion law constitutional
A Sedgwick County District Court judge said Monday Kansas’ abortion law passed constitutional muster and declined to dismiss 19 criminal charges against late-term abortionist Dr. George Tiller.
Tiller had sought the dismissal, arguing that Kansas’ law was unconstitutional. Specifically, lawyers for Tiller contended that a provision in the law that requires abortionists to get an unaffiliated physician to concur that a late-term abortion is medically necessary before the procedure can occur was constitutionally unacceptable.
Tiller faces 19 counts of failing to get a second opinion from an unaffiliated physician.
Although charges originally had been filed by former Attorney General Phill Kline, former Attorney General Paul Morrison filed the current charges. The complaints allege that, of the 19 charges, 13 were related to late-term abortions performed on girls 16 years of age and younger.
In one case, the abortion was performed on a girl 10 years old.
The pro-life group Operation Rescue cheered the decision by District Court Judge Clark V. Owens.
“All along, we knew that it wasn't the law that was faulty, but it was Tiller's interpretation of the law that was faulty,” said Troy Newman, president of Operation Rescue. “This gives us a glimmer of hope that we could eventually see some shred of justice."
Cheryl Sullenger, senior policy analyst for Operation Rescue, said the judge still needs to rule on a Tiller motion that a trial be conducted before a jury of 12, rather than 6 as is customary in Kansas on misdemeanor charges.
She said the ruling on the constitutional question had to be addressed first. If Owen had declared the law unconstitutional, no trial would have been held and the question of jury size would have been rendered moot.
Kline takes stand in criminal proceeding against late-term abortionist
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Enforcement of statutes a growing problem in Kansas