How a Sebelius judge saved Planned Parenthood

by Jack Cashill {WND.com}


With her first appointment to the Kansas Supreme Court as governor in 2003, Democrat Kathleen Sebelius chose the proudly “third-wave” feminist, Carol Beier. It was a timely choice.  That same year, Republican Phill Kline took office as Kansas Attorney General.  From Beier’s perspective, Kline represented a serious threat to the “reproductive freedom” that she, Sebelius, and other third-wavers espoused.

As Kline sensed before taking office, the state’s two dominant abortion providers, Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri (CHPPKM) in suburban Kansas City and George Tiller’s Women’s Health Care clinic in Wichita, were ignoring state restrictions on late term abortion, Tiller flagrantly.  What Kline discovered only after a multi-year fight with Sebelius’s people to get access to relevant records was that both clinics were grossly ignoring mandatory reporting laws on child rape.

Of the 166 abortions performed on girls under-fifteen in the years 2002 and 2003, the clinics reported only three cases to the state department of Social and Rehabilitation Services. They should have reported all 166.

Kline was prepared to press charges against both Tiller and CHPPKM. For reasons of ideology and campaign finance, Sebelius could not let this happen.

To begin, Sebelius persuaded Paul Morrison, a popular Republican district attorney from Johnson County in suburban Kansas City, to change parties and run against Kline in 2006. The state abortion industry invested nearly $2 million to help the local media defeat Kline.

To the dismay of the abortion industry, however, Kline was elected to fulfill the remaining two years on Morrison’s term as Johnson County DA. From that position, he was able to continue the investigation into CHPPKM he had begun as attorney general.

In October 2007, Kline filed 107 counts, 23 of them felonies, against CHPPKM. District Court Judge James Vano found “probable cause” of crimes having been committed and allowed the case to proceed.

Planned Parenthood and new AG Morrison sued Kline to derail the prosecution.  When the case reached the Kansas Supreme Court, the justices grudgingly ruled in Kline’s favor and allowed his case against Planned Parenthood to go forward.  If the facts supported Kline, Judge Beier clearly did not. “His attitude and behavior are inexcusable,” she wrote for the majority , “particularly for someone who purports to be a professional prosecutor.”

Associated Press writer John Hanna uncritically described her summary as “a public tongue-lashing.” A Topeka reporter termed her opinion “a searing condemnation.” The Kansas City Star headlined its story, “Kansas Court Rebukes District Attorney Kline.” And remember, Kline won the case.

If the media were blind to what was happening, then Kansas Supreme Court Chief Justice, Kay McFarland, was not.  She called Beier’s opinion “ the very antithesis of ‘restraint and discretion’ and . . . not an appropriate exercise of our inherent power.”  McFarland scolded Beier and the majority for attempting “to denigrate Kline for actions that it cannot find to have been in violation of any law and to heap scorn upon him for his attitude and behavior that does not rise to the level of contempt.”


McFarland may have suspected that Beier’s hectoring of Kline was not spontaneous. Earlier that year, in fact, Beier co-authored a provocative paper that endorsed a strategy very much like the one used to defame Kline.  The paper was written for the Feminist Legal Theory and Feminisms (sic) Conference sponsored by the University of Baltimore School of Law and dealt with what is called third-wave feminism and its effect on parenting law.


The article’s closing quote by Gloria Steinem captures the spirit of this radical feminist incarnation. “We are talking about a society in which there will be no roles other than those chosen or those earned,” said the feminist icon and all-purpose leftist. “We are really talking about humanism.”  Understanding that tradition is not easily discarded in a state like Kansas, Beier and Walsh cite approvingly a strategy suggested by feminist law professor Bridget Crawford.

Write the authors, “Crawford posits that the third-wave’s reclamation of feminism through engagement with the media is powerful ‘cultural work’ that may be a necessary pre-condition to an evolution in the law.”

According to Crawford, “The media are tools to produce cultural infrastructure, without which even the best intentioned and artfully designed legal reforms are ineffective.”  Beier knew something about the media. Before going to law school, she worked several years for the Kansas City Times, the then sister publication of the Kansas City Star.

The Star proved to be the most useful of all media “tools” at Beier’s disposal. Indeed, the paper won Planned Parenthood’s top 2006 national editorial honor for its work defeating “anti-choice zealot” Kline and attacked him relentlessly thereafter.  So powerful was the media’s “cultural work” that in May 2007 Sebelius had no qualms about letting Planned Parenthood celebrate her birthday at a big Kansas City blow-out.

Leading the “conga line around the concert hall” was Peter Brownlie, the local CEO whose abortion clinic was then at the center of Kline’s investigation.  The partiers “sure know how to have fun!” enthused the Planned Parenthood newsletter.  With the cultural infrastructure so well established, Kline lost his re-election bid and was forced to leave the state to find employment.

Wanting to make an example of Kline lest some other prosecutor challenge Planned Parenthood in the future, the activists on the Supreme Court prompted an ethics investigation into Kline’s handling of the abortion cases.  Ironically, one of the charges was that Kline did not share the scope of his investigation with Sebelius. This was true. Kline feared her people would hamper the investigation and possibly destroy evidence.

As it turned out, they did both. Planned Parenthood will likely escape prosecution because Sebelius’s health department and her attorney general’s office separately destroyed key evidence.  Last week, as the decision in the ethics case neared, Kline filed a recusal motion showing that Beier’s 2008 opinion was “flagrantly dishonest in its presentation of facts.” After reading Kline’s motion, four other justices decided that they too had previously complained about Kline’s behavior and recused themselves, as did Beier.

In doing so, the justices gave Beier cover. A public airing of the Beier-led assault on Kline would have seriously damaged the court’s reputation and Sebelius’s.  Planned Parenthood stood to lose over $300 million in federal funding if CHPPKM had been successfully prosecuted. Sebelius protected Planned Parenthood’s interest in Kansas and now oversees its funding as Secretary of Health and Human Services.

The ladder goes up, Kathleen, but the circles go down.




The Kansas Supreme Court Mockery of Justice Continues

by Allen Williams


Kansas has a governing problem.  The rule of law has transcended into the 'rule of money' and is a strong testimony to the deep seated corruption nurtured in this state by planned parenthood.  The planned parenthood litany of corruption can be found here.  They helped elect some of the most corrupt successors to public office from Paul Morrison to Kathleen Sebelius.  The 14 member committee for picking judges made up of 7 lawyers and 7 members appointed by the governor ensures the 'status quo' is maintained in the judiciary.


The Kansas Supreme court ranks right up there with the truly nefarious gulags of the past.  Kangaroo court doesn't begin to do justice to this pack of jackals.  In fact, you were likely to get a fairer trial in Nazi germany or under Stalin than from these misfits.  It was justice Lawton Nuss who dictated to the worthless Kansas Legislature precisely how much money should be voted for education in deference to the teacher's union in the Montoy decision.  It was justice Carol Beir's antagonism towards anything threatening abortion that led to Kline's ethics trial despite having been exonerated twice before by the ethics committee.  It was the Kansas Supreme Court who gagged sitting judge Richard Anderson and prevented him from testifying that planned parenthood abortion records had been forged.  It was the Kansas Supreme Court who allowed then attorney general Paul Morrison to join planned parenthood's suit against Kline to get the evidence back.  However, Morrison got caught with his 'trousers around his ankles' and had to resign in a sex scandal, so it fell to Steve Six, appointed by governor Kathleen Sebelius, to destroy the fraudulent records resulting in 23 felonies dismissed by the district court.

Attorney General Phill Kline was punished by the state supreme court for daring to do the job he was elected to do.  The Secret Proceedings of The Supreme Court provides background on the court's constitutional abuses.  Here are key allegations excerpted from hKline's motion for recusal:


*Ordered that discovery be obtained from Mr. Kline and his staff in a manner that served well the shared goals of Morrison and Planned
Parenthood, but was detrimental to Mr. Kline’s investigation into the crimes of Planned Parenthood, including Planned Parenthood’s failure to report child sexual molestation;

* Entertained an unprecedented and merit less mandamus action filed by attorneys for the target of a criminal investigation (Planned Parenthood) seeking to have the evidence of serious crimes taken from the prosecuting attorney (Mr. Kline) and given back to the criminal target;

* Ordered that the entire CHPP v. Kline case be conducted under seal, including a secret trial hidden from public scrutiny in which the criminal target was able to utilize extraordinary discovery rights outside the parameters of the pending criminal case;

* Continued the tactic of publicly threatening Mr. Kline with ethical charges or contempt citations in a most injudicious way;


Endless opinions, half truths and scathing editorials from the Wichita Eagle to Sun Publications to the Kansas City Star reviled Phill Kline continuously during his tenure as both state attorney general and then as Johnson County prosecutor (replacing Paul Morrison).  It was no concern to the rat pack of journalism that Kline had evidence of coerced sex among underage girls.  The bastions of liberalism were under assault and must be protected no matter what the cost or who suffers.  Justice isn't blind..it's dead in Kansas.

Kansas truly reflects the culture of special interest corruption money that now rules the nation.

Obama Birth Certificate 'Raises Questions' Says Court Justice

by William Green 

A Supreme Court Justice in Alabama has declared that, thanks to recent investigations into Barack Hussein Obama's alleged Constitutional ineligibility to be President of the United States, a filing that seeks to require an original copy of Obama's birth certificate before he would be allowed on the presidential ballot in November has raised "serious questions" about Obama's "birth certificate" -- and the possibility that it's a FORGERY.

Justice Tom Parker has filed a "special, unpublished concurrence" in the case arguing that Alabama citizen Hugh McInnish's charges of "forgery" were legitimate cause for concern, according to a report at WorldNet Daily!   In his "concurrence" opinion, Justice Parker wrote:  McInnish seeks from this court a writ of mandamus, directly ordering Beth Chapman, as secretary of state for the State of Alabama, 'to demand that [President Barack Hussein] Obama cause a certified copy of his bona-fide birth certificate be delivered to her direct from the government official who is in charge of the record in which it is stored, and to make the receipt of such a prerequisite to his name being placed on the Alabama ballot for the ... November 6, 2012, general election.'"

Justice Parker then wrote, "Mclnnish has attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would raise serious questions about the authenticity of both the 'short form' and the 'long form' birth certificates of President Barack Hussein Obama that have been made public." 

Sheriff Joe Arpaio, and his "Cold Case Posse." And in the words of Sheriff Joe, when asked about his official probe into Barack Hussein Obama's eligibility to be President of the United States: "We got tons of other information that could be very shocking!" 

"I'm not going after the president to keep him off a ballot or anything else, but that could happen," Arizona Sheriff Joe Arpaio said. "I'm going at it strictly as a law-enforcement guy investigating a possible forgery and fraud. I'm sticking with that, but I'll tell you one thing. We got tons of other information that could be very shocking, too, but I'm sticking now with just the [forgery] investigation and possible criminal violations."

Sheriff Joe is also calling the media's suppression of his findings of a likely forged  presidential birth certificate and Selective Service Card "probably the biggest censorship blackout in the history of the United States."

BUT, in spite of the media "blackout," his investigation is WORKING! After Sheriff Joe released his report on the likelihood that Obama's "birth certificate" is probably fake, states are beginning to MOVE to force the issue to the forefront! The L.A. Times reports: "Weeks after Maricopa County Sheriff Joe Arpaio embraced the... contention that President Obama was born outside the U.S. and is therefore ineligible to hold office, other elected officials jumped on the bandwagon.

On Wednesday, Republican state Rep. Carl Seel's 'birther bill' passed a Senate committee on a party-line vote, the Arizona Republic reported. The bill, passed 4 to 2, would require candidates for president and vice president to submit affidavits to the Arizona secretary of state vowing that they meet the constitutional requirements to hold office, including being born in the U.S.

Although Republican state Sen. Judy Burges voted for the bill, she complained that it had been watered down, the Republic reported. An earlier version required the secretary of state to certify candidates' citizenship.

Meanwhile, Republican Secretary of State Ken Bennett is expected to call for aspiring chief executives to complete a form that asks about their place of birth. 'There has been a lot of media attention devoted to this, so we wanted to make sure there is a standardized form,' spokesman Matthew Roberts told the Associated Press."


Another CASE has been filed asking State officials to REMOVE Barack Hussein Obama from the 2012 presidential ballot, because he DOES NOT meet the state's eligibility requirements -- this time, in Pennsylvania.


PLEASE, take action RIGHT AWAY to DEMAND that every Secretary of State AND Attorney General in all 50 States REMOVE the name of Barack Hussein Obama II from their States' presidential election ballots, due to his ineligibility to serve in that office under Article II, Section 1, Clause 5 of the U.S. Constitution.


The Secret Poceedings of the Kansas Supreme Court...

by Denis Boyles


Locking the courthouse door may seem like a lousy way to insure fair justice for all, but holding secret hearings on one of the state's most controversial issues is exactly what the Kansas Supreme Court is doing.

Most of us don't trust courts that operate in the dark. Americans, observed Justice Hugo Black 60 years ago, have a "historic distrust of secret proceedings, their inherent dangers to freedom, and the universal requirement of our federal and state governments that criminal trials be public."

Here's a short list of places where secret court proceedings are not unknown:

  • North Korea
  • Iran
  • China
  • Cuba
  • Syria
  • Zimbabwe
  • Kansas

All those secretive Syrians and enigmatic North Koreans probably would beg to differ, but, to paraphrase everybody's favorite Sunflower cliché, "what's up with Kansas?" How did it hop onto that short list of kangaroo judiciaries?

Back in June 2007, Planned Parenthood of Kansas and Mid-Missouri filed charges in the Kansas Supreme Court against former Attorney General and Johnson County District Attorney Phill Kline, all part of the ongoing battle by abortion clinics to prevent government enforcement of state laws regarding late-term abortions and child molestation.

Peter Brownlie, Planned Parenthood's CEO, confirmed the filing and that's the last we've heard, because Planned Parenthood requested a secret hearing, and the Kansas Supreme Court gave them one. That meant, according to David Klepper, blogging at the Kansas City Star, "the public couldn't see what the court case involved, couldn't read the filings, couldn't sit in on what surely must have been a fascinating hearing before the Supreme Court."

It's risky business when courts invite ridicule, but at the Kansas Supreme Court, the invitation's a standing one. Because of the eccentricities of state law, none of the supreme court's justices have ever been vetted by elected representatives. As many critics, including KU law professor Stephen J. Ware, have complained, "..there's no confirmation process at all" the governor appoints them and there they sit, sometimes dozing through cases that often seem to have already been decided by some backroom handshake.

Because Kansas has never had a conservative governor, there's not even much political diversity on the court. All the members are in general agreement on the way things ought to be in Kansas in fact, in 2005, they even started passing legislation of their own, deciding to the penny how much the state should spend on educating kids. Most of them have, at one time or other, made clear their impatience with wing-nuts and others who disagree with them.

You'd think conservatives would be pleased with a court that has moved so far back in time that its hearings resemble the Star Chamber trials that ended the reign and the life of Britain's Charles the First back in the 1600s.

But no. this afternoon, Rep. Lance Kinzer's House Judiciary Committee will hold hearings "public's invited, of course"on HB 2825, a crowbar bill that would pry open courtroom doors across the state by limiting the ability of judges to conduct secret trials and hearings or have their pleadings sealed.

The Planned Parenthood v Kline case triggered Kinzer's concern, but, as he wrote in an email, the bill is "more of an open [government] issue than a pro-life issue." In a statement released yesterday, Kinzer wrote, "The public has a fundamental interest in all cases that are submitted to a court for resolution. It is an unfortunate reality today that many of the most important public policy issues facing our State are being decided by courts. As such it is more important than ever that our judicial process is open and accessible."

An open court presided over by justices who have been through a public confirmation process? There's a wild and crazy idea, one that's never been tried in Teheran or in Topeka.


Denis Boyles, comments on the media and the Midwest for National Review Online, also writes the Monday, Monday column for Kansas Liberty. He's the author of Superior, Nebraska, an oddly-titled book mostly about Kansas.