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OpinionJuly 10, 1997

"In a victory for the abortion provider Planned Parenthood," read an Associated Press dispatch from Kansas City last week, "a federal judge said Monday that the Missouri Legislature's anti-abortion majority could not restrict the agency from receiving state family planning money."...

"In a victory for the abortion provider Planned Parenthood," read an Associated Press dispatch from Kansas City last week, "a federal judge said Monday that the Missouri Legislature's anti-abortion majority could not restrict the agency from receiving state family planning money."

A victory for Planned Parenthood ... What is wrong with this picture? Let's review: Is Planned Parenthood a party to a legal action against the state of Missouri? No. One might then ask how Planned Parenthood can "win" such a "victory" when it hasn't even entered the fray, but let's proceed. Was any legal dispute involving real parties before the court in question? No. How about evidence? Was an evidentiary hearing held? No. State officials went to a friendly federal judge and sought a ruling that they got with a telephone conference call in favor of the Planned Parenthood crowd that supports both men so heavily.

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So here's what you have: You have the governor and attorney general of Missouri entering into a conspiracy to undermine and void a law that the same governor refused to veto, but instead had just signed into law. A more brazen usurpation of the proper role of legislators would be hard to imagine. Regardless of your position on any issue of abortion funding, this is lawlessness.

Attorney General Jay Nixon has but one client and one overriding constitutional duty at the heart of his oath of office. His client is the state, and his duty is to defend the Constitution and laws of our state. He didn't represent his client here. Instead he ran to a friendly court to get a result he and the governor wanted, one that flies in the face of all proper procedure, not to mention the will of the people's elected representatives. Perhaps someone should turn Nixon into the bar investigators for an inquiry into whether he can continue to possess a license to practice law.

Lawmakers should step forward to intervene and demand the hearing the state never got on the law signed by the governor. The governor and the attorney general have pulled off an outrageous abuse against law and proper procedure. They mustn't be allowed to get away with it.

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