In 2011, Kansas passed a law that prohibited insurance companies from covering abortion. The ACLU filed a lawsuit challenging that law. The judge that was presiding over the case has passed away. This means that a new judge has taken over the case.
Last year, the state of Kansas passed a law that prohibits insurance companies from including coverage for abortion in their general health insurance plans. The only exception would be if the woman’s life is at risk, and the only way to save her life would be for her to have an abortion.
That law also requires individuals who want to have insurance coverage for abortion to purchase a supplemental policy. Employers who offer health insurance to their employees will be required to exclude coverage for abortion in their employer sponsored health insurance plans.
The American Civil Liberties Union (ACLU) sued the state of Kansas. The ACLU feels that this law is unconstitutional because it discriminates against women. The law places health insurance coverage limitations on the health care needs of women. There are no laws in Kansas that impose health insurance coverage limitations on the health care needs of men.
The ACLU asked that the law be blocked, and unenforced, until after the court case is decided upon by a judge. U.S. Magistrate Judge Kenneth Gale recommend to the court that the request made by the ACLU be denied.
He felt that the ACLU had “failed to present sufficient evidence that its members will suffer irreparable harm while the case is decided”. The presiding judge, U.S. District Judge Wesley Brown, chose to deny the ACLU’s request.
On January 24, 2012, the judge presiding over the case passed away. U.S. District Judge Wesley Brown was 104 years old. He chose not to retire, and was continuing to preside over significant and complex cases right up until his death. He was nominated to be a Federal District Court Judge for Kansas by President John F. Kennedy in 1962.
Originally, the lawsuit filed by the ACLU regarding the Kansas law that bans insurers from covering abortion in their general health insurance plans was tentatively scheduled for January 7, 2013. It is my understanding that this date might be rescheduled.
The case has been reassigned to U.S. District Judge Carlos Murguia. He was nominated by President Bill Clinton on March 24, 1999. Considering the fact that President Clinton was a Democrat, there is the potential that Judge Murguia might review the case from a liberal viewpoint. Of course, one cannot always assume that a judge will match the political leanings of the President who nominated him or her in all court cases.
Image by Sam Howzit on Flickr