There is a lawsuit in Kansas that is in regards to health insurance coverage for elective abortion. The original judge presiding over the case passed away, so it was reassigned to a new judge. Now, the case has been reassigned, again, to an entirely different judge. I cannot help but wonder why this change was made.
In Kansas, there is a law that requires individuals who want to have insurance coverage for abortion to purchase a supplemental policy. Another word for “supplemental policy” is “rider”. Whenever a person needs to purchase an additional rider to add to their existing health insurance policy, it increases the cost of the premiums that person is paying. For example, people who purchase maternity riders end up with more expensive health insurance premiums than do people who do not buy that particular rider.
Another part of the same Kansas law requires employers who offer health insurance to their employees to exclude coverage for abortion in their employer sponsored health insurance plans. After this law was passed, 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 judge who was originally assigned to the case was U.S. District Judge Wesley Brown. He was 104 years old when he passed away. Obviously, this meant that another judge would need to be assigned to preside over the insurance case. The case was reassigned to U.S. District Judge Carlos Murguia.
Now, there has been yet another change. The case has been reassigned, once again, to another judge. The controversial case will now be heard by U.S. District Judge Julie A. Robinson. She has been given the docket entry for all future proceedings in this lawsuit that was filed by the ACLU. The same order that assigned Judge Robinson to the case removes Judge Murguia from the case.
The first time this particular case was reassigned, it was because the presiding judge had died. I think everyone can see why that situation would require a new judge to be assigned to the case. I have not found anything that specifically states why the case has now been reassigned again.
Here is what is known. U.S. District Judge Julie Robinson is the first African-American to be named to the U.S. District Court for the District of Kansas. She was appointed to the U.S. District Court for the District of Kansas by President George W. Bush in 2001.
Judge Murguia was appointed by President Bill Clinton in 1999. People tend to assume that a judge who has been appointed by a particular president will always make decisions that will match up to what that president would have wanted. Things do not always go that way, however. Perhaps someone wanted to have a judge that was appointed by a Republican president preside over this case?
Here is what else is known. In 2011, U.S. District Judge Carlos Murguia temporarily blocked Kansas from enforcing abortion regulations that would have prevented two of the state’s three abortion providers from being able to continue to terminate pregnancies. Also in 2011, Judge Murguia rejected a request made by the American Association of Pro-Life Obstetricians and Gynecologists to join this lawsuit.
Image by KeithBurtis on Flickr