This is a court case that has been going on for a very long time! A judge has ruled that a Kansas law that restricts private insurance companies from offering plans that include coverage for abortion will go to trial. The purpose of the trial is to determine of the law poses a substantial obstacle to women who are seeking an abortion.
First, a little history. In 2011, the state of Kansas passed a law that prohibited private insurance companies from including coverage for abortions as part of a general health insurance plan. The only exception to the law would be if the woman’s life was at risk and the only way to save it was if she had an abortion.
The law required women who wanted coverage for abortion to purchase an extra supplemental policy for it. This is often called a “rider”. In general, riders add to the cost of a person’s health insurance premium. The law went into affect on July 1, 2011.
In September of 2011, the American Civil Liberties Union (ACLU) challenged this law. They said it was unconstitutional because it discriminates against women. The law does not impose health insurance coverage limits on the health care needs of men. They asked that the law be blocked, and unenforced until the court case about it was heard by a judge.
U.S. Magistrate Judge Kenneth Gale recommend that this ACLU’s request be denied. The case was assigned to U.S. District Judge Wesley Brown who was 104 years old. He chose to deny the ACLU’s request.
In January of 2012, U.S. District Judge Wesley Brown passed away. The case had not yet been heard. The case was reassigned to U.S. District Judge Carlos Murguia. In February of 2012, the case was reassigned again, this time to U.S. District Judge Julie A. Robinson.
In April of 2012, U.S. District Judge Julie A. Robinson was asked to dismiss a key claim made by the ACLU. Their claim was that the purpose of the insurance law was to inhibit women from getting abortions. Judge Julie A. Robinson sided with the ACLU. She said:
(The) argument gets closer to the heart of the issue – namely whether the means used by the state of Kansas to further its interests, including its interest in protecting potential life, can be considered legitimate in view of individual liberty.
The state of Kansas is being represented by Jeff Wagaman, the deputy chief of staff of the Kansas Attorney General’s office. He said that Kansas would file a motion that seeks a ruling in favor of the state without a trial being held.
In January of 2013, U.S. District Judge Julie Robinson ruled that this case would go to trial. The purpose of the trial is to determine if the law that restricts private health insurance coverage for abortions poses a substantial obstacle to women who are seeking an abortion. The trial is scheduled for March 18, 2013.
Image by Brian Turner on Flickr