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Kansas judge ignores settled legal questions to block abortion clinic regs

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Kansans for Life has accused Topeka District Judge Franklin Theis of holding up the resolution of a legal dispute over the state’s abortion clinic regulations for three years, One News Now reported on Tuesday.

Abortion defenders have argued the law constitutes gender discrimination because only women seek abortions. Kansans for Life notes that state attorney Sarah Warner argued that the U.S. Supreme Court has rejected precisely that argument twenty times, as well as upheld government’s “compelling interest” in ensuring the safety of women seeking abortions.

However, Theis issued a “refusal to rule” anyway, claiming he lacked the “total picture.” This, Kansans for Life’s Kathy Ostrowsi argues, “ducked the critical question he was supposed to answer: whether certain ‘already settled’ claims should be eliminated and focus on whether the state had indeed issued ‘rational’ medical facility oversight.”

“Outside of the horror that’s happening to their babies, we can at least stop some of these facilities by having some sensible regulations,” Ostrowski said.

The pro-life group is awaiting the decision of the state attorney general’s office on how to proceed with the case.

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