We observed in our last posting that it was likely a deal had been struck between notorious abortionist George Tiller and Kansas’ compromised Attorney General, Paul Morrison. It was our guess that Morrison would seek some package of fines and allow Tiller to go along on his merry way, performing late abortions on viable children without fear of further scrutiny or sanction.
As bad as that scenario is, information has since surfaced which strongly indicate something more evil is afoot.

A press release published by Operation Rescue says that George Tiller has already filed a lawsuit against the State of Kansas, charging that the law he is alleged to have broken is unconstitutional. Specifically, Tiller is going to court in hopes that he can convince a federal judge that it is unconstitutional for the state to require him to use an independent doctor when determining whether a late term abortion is necessary because the mother’s health is at serious risk.

The Operation Rescue press release says that they view this move as little more than a stalling tactic by Tiller. But we see something more injurious to the national pro-Life movement here.

The defendant in this action will, naturally, be the State of Kansas, as represented by its Attorney General, Paul Morrison. He is an avowed abortion advocate and friend of George Tiller. In fact, Morrison owes his election in large part to the massive financial support he received last fall from none other than the notorious abortionist himself. We can anticipate, therefore, a tepid defense of the state’s late-term abortion law – if a defense is offered at all. We could not profess shock if Morrison shows up in court only to offer the view that he agrees with the plaintiff!

A hint of this collusion can be found in the OR press release, which says that “Morrison admitted to the Associated Press earlier today that such a challenge by Tiller was expected”.

Operation Rescue believes that the Kansas law has already been upheld in large part by the U.S. Supreme Court in its 1992 Casey decision. We shall see. Further research is needed to determine the parallels. But even if the language from Pennsylvania and Kansas is identical, there is plenty of room for mischief – given the Attorney General’s support for Tiller’s agenda. It is not unheard of (especially here in the 9th Circuit) for district and appeals courts to simply ignore Supreme Court precedent on the theory that odds are small they will ever be held accountable by the high court.

Watch for the ACLU and Planned Parenthood to surface in this situation. And be prepared for Tiller to win some early legal victories.