Faculty in the News



In the News

Doctors' group intervenes in Kansas abortion case


Publication date: Aug. 2, 2011
Source: Associated Press

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An article by the Associated Press about a Michigan-based doctors' group appealing federal court's order to keep Kansas' restrictive new abortion laws from being enforced quoted Richard Levy, the J.B. Smith Distinguished Professor of Law.

The Associated Press wrote:

The American Association of Pro-Life Obstetricians and Gynecologists filed a motion to intervene in the case Monday, along with a notice of its appeal of the injunction. The group claims it has legal standing in the case because its members in Kansas are losing childbirth-related business to abortion clinics. It also says its members are placed at a competitive disadvantage because abortion providers pass along the costs of any complications or medical care after abortions to other doctors.

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Richard Levy, a University of Kansas law professor, said there's a difference between the two cases in terms of the cost to the state.

"In the injunction on the abortion clinic regulations case, it has the effect of delaying the enforcement of these regulations ... the state might want the regulations to go into place, but they are still kind of working with them and there is no direct cost or loss to the state if they don't apply them until the process has run its course," Levy said. "In contrast, under the injunction in the Planned Parenthood case, money that the state wants not to give to Planned Parenthood is going to Planned Parenthood."

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Levy said he expected the appeals court to take "fairly prompt action" once the state files its appeal in the case. An appeals court decision on whether to grant a stay or not could happen within a few days or a week once it is filed.

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