OVERLAND PARK, Kansas, June 29, 2011 ( – Two Kansas abortionists are suing the state over its new health regulations as Kansas officials revealed this week that no clinic yet inspected has met the minimal standards for safe operation.

The Kansas City Star reported Tuesday that Herbert Hodes and his daughter Traci Nauser, who run the Center for Women’s Health abortion clinic in Overland Park, are suing state officials for imposing regulations they call “not medically necessary or appropriate.”

“At every step of the challenged process, KDHE implemented the licensing provisions of the act in ways that made it impossible for existing medical practices to obtain a license by the effective date,” states the lawsuit.

This week, the Star reported that Kansas Department of Health and Environment (KDHE) Secretary Robert Moser said in a statement, “Those applicants to date that have undergone a full initial review have failed to meet the minimum health and safety standards.”

The abortionists have cancelled a scheduled inspection of their clinic, and are seeking a temporary restraining order to block implementation of the new law.

Another Kansas clinic, Aid for Women, failed to receive a license based on its written submission to KDHE. The final remaining abortion provider in the state, Planned Parenthood of Kansas and Mid-Missouri, is scrambling to ensure that its facilities are in compliance with the law by the July 1 deadline.

The Federal magistrate assigned to the Overland Park case is K. Gary Sebelius, the husband of Health and Human Services Secretary Kathleen Sebelius, who is also the former governor of Kansas. While governor, Kathleen Sebelius vetoed similar clinic safety bills on at least three occasions.

“We were shocked to learn that Mr. Sebelius could have anything to do with this case. His wife’s administration worked actively to shield abortionists from any accountability under the law,” said Operation Rescue President Troy Newman. “We call on Mr. Sebelius to immediately recuse himself.”

Newman, whose group is headquartered in the state, said, “Kansas has a history of having some of the worst abortion clinics in the nation.”

“The abortionists have fought licensing and inspections for years because they know they provide substandard services that simply cannot meet up to even the most basic health and safety standards,” said Newman. “Can you imagine any other business refusing to comply with the law?

“What if a restaurant suddenly stopped submitting to health inspections, or a factory barring OSHA from inspecting, or a coal plant telling the EPA to jump off? Abortionists want to be in a different category, one that is above the law, and that is a dangerous attitude to have in any profession.”


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