Kan. Asks Judge To Reject Challenge to Abortion Coverage Law
July 10, 2012 — Attorneys representing Kansas' insurance commissioner submitted court filings on Friday arguing that a state law barring abortion coverage in private health plans "does not impose an undue burden" on women, the AP/Lawrence Journal World reports.
Attorneys for Insurance Commissioner Sandy Praeger urged U.S. District Judge Julie Robinson to uphold the law and reject a challenge from the American Civil Liberties Union of Kansas and Western Missouri before the case goes to trial (Hanna, AP/Lawrence Journal World, 7/7).
Last month, ACLU of KSWMO filed a claim asking Robinson to strike down the law. According to ACLU's filing, "The Act does nothing to inform a woman's choice; rather it obstructs it. It also does nothing to protect a woman's health; in fact, it endangers it. It does not reduce the cost of health insurance in any meaningful way. Nor does it have anything to do with ensuring that individuals are not forced to 'subsidize the cost' of another person's abortion or any of the other rationalizations Defendant has conjured up" (Women's Health Policy Report, 6/19).
Praeger's lawyers also submitted a legal memo that argued the law did not obstruct a woman's choice to have an abortion. The memo states, "Because the law does not impose an undue burden on a woman's ability to make a decision to have an abortion, the balancing and resolution of the various interests in this particular setting is most appropriately left to the political process and our elected leaders" (AP/Lawrence Journal World, 7/7).