Judge Owens denies Tiller’s motion to dismiss criminal charges. Upholds constitutionality of Kansas post-viability abortion ban
Wichita, KS – District Court Judge Clark V. Owens released a 35-page opinion today on the constitutional challenge to the Kansas post-viability abortion ban, saying that “K.S.A. 65-6703 survives all of the constitutional challenges” presented by Tiller. His motion to dismiss the 19 criminal charges against him was denied.
This ruling will send Tiller to trial to face allegations that he illegally aborted 19 viable babies without first having obtained the second concurring opinion from an unaffiliated Kansas physician. If convicted, Tiller faces the possibility of 19 years in jail.
“We have just one thing to say to Tiller today and that is, ‘See you in court!’” said Operation Rescue President Troy Newman. “Today’s ruling by Judge Owens vindicates our efforts to bring Tiller to justice. All along, we knew that it wasn’t the law that was faulty, but it was Tiller’s interpretation of the law that was faulty. This gives us a glimmer of hope that we could eventually see some shred of justice.”
Read Judge Owens’ Ruling (Page order corrected)
