Saturday, August 20, 2011

Kansas to Planned Barrenhood: "We Musta Forgot, or Something" UPDATED

Obviously, someone "forgot" to write a check, or something.

...The Planned Parenthood abortion business is accusing Kansas of not complying with a judge’s order temporarily enjoining a new state provision prioritizing family planning funds to non-abortion agencies.U.S. District Judge J. Thomas Marten issued an injunction preventing the state from enforcing the law...

The "Worcester Comment" in action?

UPDATE:  (HT: Al)  It's a 10th Amendment action!

As for why PP isn't getting any money, the answer is simple, according to Kansans for Life legislative director Kathy Ostrowski they have NO current contracts with the state of Kansas that would require payments. No contracts mean their are none “to be restored by Marten, and a judge hasn’t the authority to create contracts between the state and private business.”

...Kansas argued that it has the right to do so based on the 10th Amendment which they say allows it to determine tax funding. Kansas also argued that “The proposed injunction would commandeer one of the State’s agencies, forcing the State to cancel past contracts and enter into new ones selected by the Court. The proposed injunction would violate the State’s sovereignty and unconstitutionally replace the State’s discretion with the Court’s judgment.”

Get the popcorn!

HT:  Zippers


neomom said...

How did we get so far out of whack in this country that a judge can order a state to send money to a private non-profit?

But the Feds ignore court orders all the time. Ala the Obama Admin and the numerous Contempt findings over the permitorium in the Gulf. I don't see any reason why the states can't do it. NC was just ordered to give money to PP this week as well.

Side note - I love the poetic nature of the Kansas law. They effectively cut PP off at the knees on the claim that women wouldn't be able to get non-abortion-related "healthcare" if PP got cut off by sending the money to other agencies.

Al said...

"Planned Parenthood of Kansas and Mid-Missouri argued that it would suffer irreparable harm if the law was allowed to stand". Maybe I should sue Obama saying his funding of Planned Parenthood using my tax money is causing me irreperable harm.
PP reads the writing on the wall. Despite their in with Obama they know that "We, the People of the United States" don't want our tax money to go to them. & that the only way they can prevent that from happenning is to find liberal judges who will force the states to act.
When the state does fail to do what the Constitution requires then the Courts are right to act, but nowhere in the Constitution does it say PP should get tax money. This is judicial bullying.
Bravo to ansas for not giving into the juducial bullying.