Kan. Responds to Planned Parenthood Lawsuit; S.D. Will Not Appeal Temporary Injunction on Abortion Waiting Period Law

July 27, 2011 — Kansas on Friday filed a response to a lawsuit by Planned Parenthood of Kansas and Mid-Missouri that seeks an injunction against a new state law, the AP/Wichita Eagle reports.

The new law directs Kansas' federal family planning funding to public health departments and hospitals first, which leaves no money for Planned Parenthood and similar groups, according to the plaintiffs.

Planned Parenthood believes the law will cut about $330,000 from annual budgets for its Wichita and Hays facilities, which provide services to about 5,680 residents. The organization also argues that the law will force it to close at least one facility in the state. According to Planned Parenthood, the law would increase prices, decrease access to services and extend wait or travel times for appointments for thousands of patients.

Kansas argued in the filing that state sovereignty should determine how it directs the funding, saying an injunction would unconstitutionally subvert the state's discretion.

The filings precede anticipated oral arguments at an Aug. 1 hearing (Hegeman, AP/ Wichita Eagle, 7/25).

South Dakota Will Not Appeal Judge's Temporary Injunction Against Abortion Restrictions

South Dakota will not appeal U.S. District Chief Judge Karen Schreier's decision to issue a preliminary injunction against a state law that would require women to obtain counseling at crisis pregnancy centers and wait 72 hours before receiving abortion care, Attorney General Marty Jackley (R) said on Tuesday, the AP/Stamford Advocate reports. Jackley said the state plans to focus its efforts on a more permanent legal challenge and is supporting a request by two state CPCs to intervene in pushing for the law's enforcement (Lammers, AP/Stamford Advocate, 7/26).

Schreier's ruling prevents the law from taking effect until the lawsuit filed by Planned Parenthood of Minnesota, North Dakota and South Dakota is settled in court. The judge said that requiring women to obtain counseling at antiabortion-rights CPCs would create an undue burden. She said Planned Parenthood demonstrated that the law's provisions are "likely" unconstitutional and that there is a public interest in protecting a woman's right to abortion and to free speech (Women's Health Policy Report, 7/5).

Planned Parenthood said the organization is relieved that the state will not appeal the temporary block. "We stand with [our patients] in our efforts to ultimately overturn this outrageous and demeaning law," said Sarah Stoesz, president and CEO of the Planned Parenthood affiliate (AP/Stamford Advocate, 7/26).