Shawnee Co. Judge Won't Toss Lawsuit Over Abortion Rules

By: AP (Posted by Melissa Brunner)
By: AP (Posted by Melissa Brunner)
Shawnee County District Judge Franklin Theis on Friday rejected a request from attorneys for the state who wanted him to rule on new abortion provider regulations without a trial.

Hon. Franklin Theis

TOPEKA, Kan. (AP) _ A Kansas judge has refused to dismiss a lawsuit over special health and safety regulations for abortion providers before the case goes to trial.

Shawnee County District Judge Franklin Theis on Friday rejected a request from attorneys for the state who wanted him to rule without a trial.

The state's attorneys argued that Theis needed only to settle legal issues about whether the regulations enacted last year by the Department of Health and Environment are reasonable. But attorneys for two doctors who perform abortions in Overland Park said a trial would allow them to present evidence about why the regulations are unreasonable.

Theis ruled from the bench after saying the issues involved medical questions that are beyond a common understanding like his.


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