Michigan group wants to appeal Kansas abortion rules injunction

The Kansas City StarAugust 3, 2011 

An out-of-state group of physicians opposed to abortion is trying to nudge its way into the legal battle over new Kansas rules for abortion clinics.

The American Association of Pro-Life Obstetricians and Gynecologists wants to intervene in the lawsuit and appeal the federal court ruling that temporarily blocked Kansas from imposing new licensing rules for abortion providers.

The group, based in Michigan, is represented by the son of one the nation’s leading opponents of abortion, Phyllis Schlafly. The motion puts the group at odds with state attorneys who’ve been criticized for not appealing the ruling.

“Here’s an attorney general claiming he’s pro-life and when the other side wins a case against him, he doesn’t appeal? Very odd,” said Andrew Schlafly, who’s representing the group of doctors.

A spokesman said Attorney General Derek Schmidt would not oppose the doctors’ request.

The motion filed by the doctors’ group claims that its members have to unfairly bear the cost of women who seek treatment for complications from abortion procedures.

“When there’s a complication, the abortion clinic takes the attitude: ‘Well, just go to the ER,’” Schlafly said.

“Other people have to pick up the cost. Other people have to figure out what went wrong. That’s not acceptable for any other operation,”

Last month, a federal judge in Kansas City, Kan., issued a preliminary injunction that stopped the Kansas health department from imposing new regulations that would have shut down two of the state’s three abortion clinics.

U.S. District Judge Carlos Murguia found that the abortion clinics were likely to succeed on claims that they were denied due process and would suffer irreparable harm if the rules took effect July 1.

The preliminary injunction was sought by Aid for Women and two physicians who run the Center for Women’s Health, an obstetrics and gynecological office in suburban Overland Park.

To read the complete article, visit www.kansascity.com.

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