Posted on 07/03/2007 12:45:55 AM PDT by Lorianne
TOPEKA | Hoping to end a criminal case against him, abortion provider George Tiller filed a legal challenge Monday to the constitutionality of part of a Kansas law restricting late-term procedures.
Tiller, one of the few U.S. physicians performing late-term abortions, faces 19 misdemeanor charges in Sedgwick County District Court. Kansas Attorney General Paul Morrison alleges that the Wichita doctor broke the law by consulting in 2003 on late-term procedures with a physician who had business ties to him.
At issue is a 1998 law requiring two doctors to sign off on some late-term procedures. It says those physicians cannot have financial or legal ties. Tiller’s attorneys filed a motion to dismiss the charges Monday and argued that the requirement is unconstitutional.
Tiller’s attorneys argued that the requirement is an undue burden on a physician’s right to practice medicine and violates a woman’s right to obtain an abortion as outlined in court decisions. Also, his attorneys said, the law is too vague.
“There is absolutely no guidance in the state as to what activities constitute legal or financial affiliation — or how a physician might avoid some prosecutor making such a finding,” Tiller’s attorneys wrote.
The attorney general’s spokeswoman, Ashley Anstaett, said Morrison had anticipated that Tiller would challenge the law’s validity.
“We will defend the constitutionality of the statute,” she said.
I think it’s more “How dare you regulate me ... I paid off the officials properly!” ,, he might just get away with it,, funny that he doesn’t see how leniently he is being dealt with , these misdemeanor charges are just a nudge at him to tell him to go quietly when he could and should have been charged with felonies..
Insane Conspiracy Theory: Morrison’s spokeswoman said they knew this suit was coming. Given that, is it too hard to imagine that a recipient of Tiller’s donations might not be averse to losing this case? The effect would be to roll back some of the abortion safeguards put in place by the legislature.
And we’ve seen the Governor veto other legislation intended to protect the patient already.
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