OSAGE COUNTY—Law enforcement authorities are investigating a suspect on drug allegations.

Just before 10p.m. July 16, a&nbsp;Sheriff’s Deputy conducted a traffic stop at 261st and U.S. 75 for a traffic violation, according to Sheriff&nbsp; Chris Wells.

During the stop, the deputy found illegal narcotics.

The deputy arrested a passenger in the vehicle, Dustin L. Galloway, 41, of Humboldt. He is being held on requested charges of&nbsp;Possession of methamphetamine with intent to distribute and Interference with law enforcement.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689610540572.png" alt="Galloway-photo Osage Co." />
 <figcaption>Galloway-photo Osage Co.</figcaption>
 </figure>OSAGE COUNTY—Law enforcement authorities are investigating a suspect on drug allegations.Just before 10p.m. July 16, a&nbsp;Sheriff’s Deputy conducted a traffic stop at 261st and U.S. 75 for a traffic violation, according to Sheriff&nbsp; Chris Wells.During the stop, the deputy found illegal narcotics.The deputy arrested a passenger in the vehicle, Dustin L. Galloway, 41, of Humboldt. He is being held on requested charges of&nbsp;Possession of methamphetamine with intent to distribute and Interference with law enforcement.

Sheriff: Kansas man accused of attempting to sell meth

By RACHEL MIPRO <a href="https://kansasreflector.com/2023/04/05/kansas-lawmakers-debate-definition-of-female-and-male-for-county-jails/">Kansas Reflector</a>

WICHITA —&nbsp; An 82-year-old cancer patient and another woman have filed lawsuits against a Wichita hospital after accusations of rape and sexual assault while under hospital care.&nbsp;

The Hutton &amp; Hutton Law Firm filed its first civil lawsuit against Ascension Via Christi Hospitals Wichita, Inc., which operates the Ascension Via Christi St. Francis hospital, on July 10.

The first lawsuit alleges that a Sedgwick woman was raped while at the hospital on June 15 by 28-year-old Miguel Rodela. Rodela was arrested and charged with rape and two counts of attempted rape on June 21 in Sedgwick County District Court.

Rodela, dressed in a T-shirt and basketball shorts, followed an employee into the hospital after midnight and entered the patient’s room, according to details in the lawsuit.&nbsp;

According to the lawsuit, the patient woke up to find Rodela touching her. When a nurse interrupted Rodela after 20 minutes, he claimed to be a nursing student, and the nurse left Rodela alone in the room with the patient again.

Rodela then left her room and sexually assaulted two other patients on the same night, telling hospital staff that he was alternatively a staff member or a family member to avoid suspicion, according to the case lawyers.&nbsp;

“Mr. Rodela is a threat to society and needs to be dealt with accordingly, but he never could have done this in a hospital with appropriate security,” said Hutton &amp; Hutton attorney Blake Shuart in the first lawsuit announcement. “It was this hospital that let him in the door and into the patient rooms. It was the hospital which then allowed him to stay in the room and continue assaulting a patient while wearing a T-shirt and basketball shorts because he claimed to be a nursing student.”&nbsp;

The lawsuit claims “medical negligence, ordinary negligence and premise liability” on the part of Ascension Via Christi, with the victim seeking an amount greater than $75,000.

The lawsuit followed a one-day strike by unionized nurses at the hospital after Rodela’s arrest. The nurses said they had significant safety concerns and demanded more transparency and change from the hospital after patient and employee safety issues.&nbsp;

The law firm announced a second lawsuit Monday, on behalf of a second victim, an 82-year-old cancer patient.

According to the lawsuit, she woke up because a stranger was kissing her on the mouth. After a bed alarm was activated, a hospital staff member who checked on her found Rodela kneeling beside the bed with his hands under the blankets near her thighs.&nbsp;

After telling the staffer that he was a “nurse tech,” he left the woman’s room and proceeded to his third attack of the night, according to the lawyers on the case.

A certified nurse assistant found Rodela in the third patient’s room and asked him if he was a family member. After Rodela said he was a relative, the CNA asked Rodela to help adjust the patient’s body and left him with the patient after the adjustment was finished. Security later found Rodela on top of the patient, lifting up the patient’s shirt, the lawsuit alleges.&nbsp;

Hutton &amp; Hutton lawyers said there might be more victims.&nbsp;

“We believe video exists of Miguel Rodela on several different floors in the hospital, leaving us to wonder whether there are more victims who have not yet been identified,” said Andrew Hutton, the Hutton &amp; Hutton founding attorney.&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/6/1686922520098.png" alt="Rodela remains jailed on a $250,000 bond- photo Sedgwick Co. Jail" />
 <figcaption>Rodela remains jailed on a $250,000 bond- photo Sedgwick Co. Jail</figcaption>
 </figure>By RACHEL MIPRO <a href="https://kansasreflector.com/2023/04/05/kansas-lawmakers-debate-definition-of-female-and-male-for-county-jails/">Kansas Reflector</a>WICHITA —&nbsp; An 82-year-old cancer patient and another woman have filed lawsuits against a Wichita hospital after accusations of rape and sexual assault while under hospital care.&nbsp;The Hutton &amp; Hutton Law Firm filed its first civil lawsuit against Ascension Via Christi Hospitals Wichita, Inc., which operates the Ascension Via Christi St. Francis hospital, on July 10.The first lawsuit alleges that a Sedgwick woman was raped while at the hospital on June 15 by 28-year-old Miguel Rodela. Rodela was arrested and charged with rape and two counts of attempted rape on June 21 in Sedgwick County District Court.Rodela, dressed in a T-shirt and basketball shorts, followed an employee into the hospital after midnight and entered the patient’s room, according to details in the lawsuit.&nbsp;According to the lawsuit, the patient woke up to find Rodela touching her. When a nurse interrupted Rodela after 20 minutes, he claimed to be a nursing student, and the nurse left Rodela alone in the room with the patient again.Rodela then left her room and sexually assaulted two other patients on the same night, telling hospital staff that he was alternatively a staff member or a family member to avoid suspicion, according to the case lawyers.&nbsp;“Mr. Rodela is a threat to society and needs to be dealt with accordingly, but he never could have done this in a hospital with appropriate security,” said Hutton &amp; Hutton attorney Blake Shuart in the first lawsuit announcement. “It was this hospital that let him in the door and into the patient rooms. It was the hospital which then allowed him to stay in the room and continue assaulting a patient while wearing a T-shirt and basketball shorts because he claimed to be a nursing student.”&nbsp;The lawsuit claims “medical negligence, ordinary negligence and premise liability” on the part of Ascension Via Christi, with the victim seeking an amount greater than $75,000.The lawsuit followed a one-day strike by unionized nurses at the hospital after Rodela’s arrest. The nurses said they had significant safety concerns and demanded more transparency and change from the hospital after patient and employee safety issues.&nbsp;The law firm announced a second lawsuit Monday, on behalf of a second victim, an 82-year-old cancer patient.According to the lawsuit, she woke up because a stranger was kissing her on the mouth. After a bed alarm was activated, a hospital staff member who checked on her found Rodela kneeling beside the bed with his hands under the blankets near her thighs.&nbsp;After telling the staffer that he was a “nurse tech,” he left the woman’s room and proceeded to his third attack of the night, according to the lawyers on the case.A certified nurse assistant found Rodela in the third patient’s room and asked him if he was a family member. After Rodela said he was a relative, the CNA asked Rodela to help adjust the patient’s body and left him with the patient after the adjustment was finished. Security later found Rodela on top of the patient, lifting up the patient’s shirt, the lawsuit alleges.&nbsp;Hutton &amp; Hutton lawyers said there might be more victims.&nbsp;“We believe video exists of Miguel Rodela on several different floors in the hospital, leaving us to wonder whether there are more victims who have not yet been identified,” said Andrew Hutton, the Hutton &amp; Hutton founding attorney.&nbsp;

Kan. hospital faces lawsuits for alleged sexual assault of patients

SEDGWICK COUNTY —Law enforcement authorities investigating a fatal accident have released the name of the woman who died as&nbsp;&nbsp;53-year-old Phylicia Carter of Wichita, according to Officer Kris Gupilan.

Just after 7p.m. Monday, a Ford Explorer was southbound in the 4400 Block of North Meridian in Wichita and struck Carter who was walking her bicycle on the traffic way.&nbsp; &nbsp;EMS transported Carter to a local hospital where she was pronounced deceased.

All parties involved in the incident were interviewed by investigators.&nbsp; Neither speed nor impairment are believed to be contributing factors in the accident, according to Gupilan.

The accident is the 18th fatality collision this year in Wichita, according to Gupilan.

SEDGWICK COUNTY —Law enforcement authorities investigating a fatal accident have released the name of the woman who died as&nbsp;&nbsp;53-year-old Phylicia Carter of Wichita, according to Officer Kris Gupilan.Just after 7p.m. Monday, a Ford Explorer was southbound in the 4400 Block of North Meridian in Wichita and struck Carter who was walking her bicycle on the traffic way.&nbsp; &nbsp;EMS transported Carter to a local hospital where she was pronounced deceased.All parties involved in the incident were interviewed by investigators.&nbsp; Neither speed nor impairment are believed to be contributing factors in the accident, according to Gupilan.The accident is the 18th fatality collision this year in Wichita, according to Gupilan.

Police ID Kan. woman struck, killed walking her bicycle

By JOHNATHAN HETTINGER <a href="https://investigatemidwest.org/2022/10/13/epa-to-ban-flea-and-tick-collars-linked-to-brain-damage-in-children/">Investigate Midwest</a>

The popular Seresto flea and tick collar will remain on the market, but with new mitigation measures,&nbsp;<a target="_blank" href="https://www.epa.gov/pets/seresto-pet-collar-review">the U.S. Environmental Protection Agency announced last week.</a>

The EPA announced the measures on the collar after a multi-year analysis of the product’s safety. The agency limited the approval of the collar to five years and required Elanco — the manufacturer of Seresto — to conduct enhanced reporting for adverse events, conduct additional outreach to the veterinary community, and put new warnings on the collar’s label, among other changes.

Elanco — which bought the entire Bayer Animal Health unit, including Seresto, from the German pharmaceutical giant in 2020 for $7.6 billion — praised the announcement.

“Adverse events reports are simply reports that must be investigated and do not indicate causation. We believe today’s decision by the EPA further reinforces that,” said Colleen Dekker, an Elanco spokeswoman in an email. “We greatly appreciate the EPA’s diligence in this comprehensive review, including the consultation with FDA, along with the many veterinarians and experts that have weighed in with their experiences and support of the product.”

The EPA&nbsp;<a target="_blank" href="https://investigatemidwest.org/2021/04/08/epa-is-asked-to-ban-popular-flea-and-tick-collar-linked-to-pet-injuries/">launched the review in April 2021</a>, just one month after reporting by Investigate Midwest and USA TODAY showed that Seresto has been the&nbsp;<a target="_blank" href="https://investigatemidwest.org/2022/03/24/seresto-epa-fda-elanco/">subject of more complaints about pet harm and deaths than any other product in EPA history</a>.

“EPA’s scientific review of Seresto-related incident reports identified the need for more detailed incident reporting and public outreach,” the agency said in a press release.

The EPA, which worked with the Food and Drug Administration to conduct the analysis, said that they were unable to get enough information from data that Elanco submitted to determine whether Seresto played a role in most death reports. Earlier this year, the agencies proposed transferring all regulation of pet pesticide products to the FDA.

“During the review of the reported cases of potential deaths associated with the collar the agency found that critical details of incidents were often missing from case narratives, often preventing the agency from determining the cause of the incident,” the press release said.

Elanco agreed to the changes prior to the EPA making the announcement on Thursday.

In a press release, Elanco described the steps as a “stewardship program” and encouraged the EPA “to implement these measures as a new EPA standard across all flea and tick collars to ensure consistent expectations for reporting across the category.” The release, also released Thursday, quoted veterinarians who praised the decision as well.

“We appreciate EPA’s diligence during this data-driven review process, resulting in a clear outcome and continued product availability to protect pets and human health,” said Dr. Ellen de Brabander, executive vice president of innovation and regulatory affairs at Elanco, in the press release. “We stand behind more than a decade of science-based data, analysis and monitoring which affirms the safety profile of Seresto.”

Lori Ann Burd, director of the Center for Biological Diversity’s environmental health program, said the EPA denying the nonprofit’s petition to cancel Seresto was disappointing, but said she was heartened that the EPA took some action.

“I think EPA would not have taken these measures if this product was as safe as has been claimed by the registrant. Actions like limiting the registration to five years and splitting it between dogs and cats are important steps toward protecting people and their pets from Seresto collars,” Burd said in an interview with Investigate Midwest. “Elanco had to agree to this. That’s a big deal.”

The EPA’s scientific analysis looked at Seresto incident reports and also compared those to other products from Elanco.

The analysis found that the most reported adverse effect for dogs was pruritus (itchy skin) and that was reported in 54% of the incident cases of the 49,000 the EPA reviewed. This was followed by lethargy and anorexia, each of which was reported in approximately 10% of cases.

For cats, application site hair change was most commonly reported in 32% of the 16,000 cases it reviewed, followed by lesions and pruritus, each of which was reported in approximately 25% of cases.

“More severe clinical signs (for example, convulsions) were reported much less frequently and appeared to be similar across the three Elanco products that were compared,” the analysis found.

On pet deaths, the EPA said in its analysis it needed more information than was collected in most instances.

“Where sufficient details were provided, there were no cases where high confidence existed in a correlation between the collar use and the death, often due to confounding factors such as concurrent medical conditions. In addition, the rate of deaths reported, based on the comparative statistical analyses performed, was similar between Seresto and other available pet products,” the analysis said.

This story was originally published by&nbsp;<a target="_blank" href="https://investigatemidwest.org/2023/07/14/epa-rules-popular-flea-and-tick-collar-seresto-stays-on-the-market-but-with-added-mitigations/">Investigate Midwest</a>, a nonprofit, online newsroom offering investigative and enterprise coverage of agribusiness, Big Ag and related issues through data analysis, visualizations, in-depth reports and interactive web tools.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689626848974.png" alt="The EPA&nbsp;<a target="_blank" href="https://investigatemidwest.org/2021/04/08/epa-is-asked-to-ban-popular-flea-and-tick-collar-linked-to-pet-injuries/">launched the review in April 2021</a>, just one month after reporting by Investigate Midwest and USA TODAY showed that Seresto has been the&nbsp;subject of more complaints about pet harm and deaths than any other product in EPA history." />
 <figcaption>The EPA&nbsp;<a target="_blank" href="https://investigatemidwest.org/2021/04/08/epa-is-asked-to-ban-popular-flea-and-tick-collar-linked-to-pet-injuries/">launched the review in April 2021</a>, just one month after reporting by Investigate Midwest and USA TODAY showed that Seresto has been the&nbsp;subject of more complaints about pet harm and deaths than any other product in EPA history.</figcaption>
 </figure>By JOHNATHAN HETTINGER <a href="https://investigatemidwest.org/2022/10/13/epa-to-ban-flea-and-tick-collars-linked-to-brain-damage-in-children/">Investigate Midwest</a>The popular Seresto flea and tick collar will remain on the market, but with new mitigation measures,&nbsp;<a target="_blank" href="https://www.epa.gov/pets/seresto-pet-collar-review">the U.S. Environmental Protection Agency announced last week.</a>The EPA announced the measures on the collar after a multi-year analysis of the product’s safety. The agency limited the approval of the collar to five years and required Elanco — the manufacturer of Seresto — to conduct enhanced reporting for adverse events, conduct additional outreach to the veterinary community, and put new warnings on the collar’s label, among other changes.Elanco — which bought the entire Bayer Animal Health unit, including Seresto, from the German pharmaceutical giant in 2020 for $7.6 billion — praised the announcement.“Adverse events reports are simply reports that must be investigated and do not indicate causation. We believe today’s decision by the EPA further reinforces that,” said Colleen Dekker, an Elanco spokeswoman in an email. “We greatly appreciate the EPA’s diligence in this comprehensive review, including the consultation with FDA, along with the many veterinarians and experts that have weighed in with their experiences and support of the product.”The EPA&nbsp;<a target="_blank" href="https://investigatemidwest.org/2021/04/08/epa-is-asked-to-ban-popular-flea-and-tick-collar-linked-to-pet-injuries/">launched the review in April 2021</a>, just one month after reporting by Investigate Midwest and USA TODAY showed that Seresto has been the&nbsp;<a target="_blank" href="https://investigatemidwest.org/2022/03/24/seresto-epa-fda-elanco/">subject of more complaints about pet harm and deaths than any other product in EPA history</a>.“EPA’s scientific review of Seresto-related incident reports identified the need for more detailed incident reporting and public outreach,” the agency said in a press release.The EPA, which worked with the Food and Drug Administration to conduct the analysis, said that they were unable to get enough information from data that Elanco submitted to determine whether Seresto played a role in most death reports. Earlier this year, the agencies proposed transferring all regulation of pet pesticide products to the FDA.“During the review of the reported cases of potential deaths associated with the collar the agency found that critical details of incidents were often missing from case narratives, often preventing the agency from determining the cause of the incident,” the press release said.The full mitigation measures include:<ul>
 <li>A time-limited registration of five years that will expire on July 13, 2028. Elanco must apply for continued use at least a year before that date. Normally, pesticides have a 15-year approval by EPA.</li><li>Elanco must submit enhanced incident reports and sales information annually.</li><li>Elanco must submit an annual report, similar to an FDA Annual Periodic Drug Experience Report, that will provide an update on stewardship efforts and analyze safety information collected about Seresto.</li><li>Elanco must develop training materials for adverse effects and report on these efforts in July 2024.</li><li>Elanco must develop and implement an outreach initiative to the veterinary community to inform them about risks and benefits associated with use of pesticides in pet products and the importance of reporting adverse effects. Elanco must report on these efforts in July 2024.</li><li>Elanco must review the release mechanism of the collar to assess the risk of strangulation.</li><li>The EPA split Seresto into two registrations, one for cats and another for dogs, to help make a comparison of incident data easier.</li><li>Elanco must also add label warnings that show common adverse effects and instructions to remove the collar if effects occur. These include skin issues, as well as behavioral and neurological issues. The label will now tell consumers to remove the collar if those symptoms occur and to report them to EPA.</li>
 </ul>Elanco agreed to the changes prior to the EPA making the announcement on Thursday.In a press release, Elanco described the steps as a “stewardship program” and encouraged the EPA “to implement these measures as a new EPA standard across all flea and tick collars to ensure consistent expectations for reporting across the category.” The release, also released Thursday, quoted veterinarians who praised the decision as well.“We appreciate EPA’s diligence during this data-driven review process, resulting in a clear outcome and continued product availability to protect pets and human health,” said Dr. Ellen de Brabander, executive vice president of innovation and regulatory affairs at Elanco, in the press release. “We stand behind more than a decade of science-based data, analysis and monitoring which affirms the safety profile of Seresto.”Lori Ann Burd, director of the Center for Biological Diversity’s environmental health program, said the EPA denying the nonprofit’s petition to cancel Seresto was disappointing, but said she was heartened that the EPA took some action.“I think EPA would not have taken these measures if this product was as safe as has been claimed by the registrant. Actions like limiting the registration to five years and splitting it between dogs and cats are important steps toward protecting people and their pets from Seresto collars,” Burd said in an interview with Investigate Midwest. “Elanco had to agree to this. That’s a big deal.”The EPA’s scientific analysis looked at Seresto incident reports and also compared those to other products from Elanco.The analysis found that the most reported adverse effect for dogs was pruritus (itchy skin) and that was reported in 54% of the incident cases of the 49,000 the EPA reviewed. This was followed by lethargy and anorexia, each of which was reported in approximately 10% of cases.For cats, application site hair change was most commonly reported in 32% of the 16,000 cases it reviewed, followed by lesions and pruritus, each of which was reported in approximately 25% of cases.“More severe clinical signs (for example, convulsions) were reported much less frequently and appeared to be similar across the three Elanco products that were compared,” the analysis found.On pet deaths, the EPA said in its analysis it needed more information than was collected in most instances.“Where sufficient details were provided, there were no cases where high confidence existed in a correlation between the collar use and the death, often due to confounding factors such as concurrent medical conditions. In addition, the rate of deaths reported, based on the comparative statistical analyses performed, was similar between Seresto and other available pet products,” the analysis said.This story was originally published by&nbsp;<a target="_blank" href="https://investigatemidwest.org/2023/07/14/epa-rules-popular-flea-and-tick-collar-seresto-stays-on-the-market-but-with-added-mitigations/">Investigate Midwest</a>, a nonprofit, online newsroom offering investigative and enterprise coverage of agribusiness, Big Ag and related issues through data analysis, visualizations, in-depth reports and interactive web tools.

EPA rules popular flea collar stays on the market, with more reporting requirements

WASHINGTON —According to Kansas U.S. Senator Roger Marshall, the U.S. Department of Health and Human Services suspended their relationship with the Wuhan Institute of Virology and cut off all U.S. taxpayer funding, citing biosecurity concerns at this lab.

The institute in the city where the&nbsp;COVID-19 outbreak&nbsp;began in China received funding from the National Institutes of Health to conduct gain-of-function research on novel coronaviruses.

In a statement from HHS reported by Senator Marshall, the government agency said, "Due to the Wuhan Institute's disregard of the National Institute of Health's (NIH) requests that the institute provide the required materials to support its research in the grant RPPRs and and IRPPRs, the NIH's conclusion that the institute research likely violated protocols of the NIH regarding biosafety is undisputed."

"As such there is a risk that the Wuhan Institute of Virology not only previously violated but is currently violating and will continue to violate protocols of the NIH on biosafety. Therefore I have determined that the immediate suspension of the institute is necessary to mitigate any potential public health risk,"

Marshall wrote, "About time! Next, Ecohealth Alliance? We cannot stop here - many more bad actors are still in play."

In June, U.S. officials released an intelligence report that rejected some points raised by those who argue COVID-19 leaked from the Chinese lab, instead reiterating that American spy agencies remain divided over how the pandemic began.

The report was issued at the behest of Congress, which in March&nbsp;<a href="https://apnews.com/article/biden-covid-intelligence-china-wuhan-institute-c92f7bebfba6fcb4b5dba4319048ffbe">passed a bill</a>&nbsp;giving U.S. intelligence 90 days to declassify intelligence related to the Wuhan Institute of Virology.

Intelligence officials under President Joe Biden have been pushed by lawmakers to release more material about the origins of COVID-19. But they have repeatedly&nbsp;<a href="https://apnews.com/article/coronavirus-pandemic-joe-biden-science-health-china-2fe4518ac7aef9b54ea4329385d121c4">argued China's official obstruction</a>&nbsp;of independent reviews has made it perhaps impossible to determine how the pandemic began.

Earlier this year, the Department of Energy's intelligence arm&nbsp;<a href="https://apnews.com/article/science-politics-us-department-of-energy-john-kirby-covid-4405605d5671af65df87cf1af314148a">had issued a report</a>&nbsp;arguing a lab-related incident caused the pandemic.

Four agencies still believe the virus was transferred from animals to humans, and two agencies — the Energy Department and the FBI — believe the virus leaked from a lab. The CIA and another agency have not made an assessment.

Located in the city where the pandemic is believed to have began, the Wuhan Institute of Virology&nbsp;<a href="https://apnews.com/article/who-looking-wuhan-coronavirus-origin-fb791cfdbad2f7db643f790ae4cccc8c">has faced intense scrutiny</a>&nbsp;for its previous research into bat coronaviruses and its reported security lapses.

The lab genetically engineered viruses as part of its research including efforts to combine different viruses.

-The Associated Press contributed to this report

WASHINGTON —According to Kansas U.S. Senator Roger Marshall, the U.S. Department of Health and Human Services suspended their relationship with the Wuhan Institute of Virology and cut off all U.S. taxpayer funding, citing biosecurity concerns at this lab.The institute in the city where the&nbsp;COVID-19 outbreak&nbsp;began in China received funding from the National Institutes of Health to conduct gain-of-function research on novel coronaviruses.<div><blockquote class="twitter-tweet">BREAKING - <a href="https://twitter.com/HHSGov?ref_src=twsrc%5Etfw">@HHSGov</a> suspends relationship with the Wuhan Institute of Virology and cuts off all U.S. taxpayer funding, citing biosecurity concerns at this lab. About time! Next, Ecohealth Alliance? We cannot stop here - many more bad actors are still in play. <a href="https://t.co/5OhBcikntA">pic.twitter.com/5OhBcikntA</a>&mdash; Dr. Roger Marshall (@RogerMarshallMD) <a href="https://twitter.com/RogerMarshallMD/status/1681466523456602112?ref_src=twsrc%5Etfw">July 19, 2023</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>In a statement from HHS reported by Senator Marshall, the government agency said, "Due to the Wuhan Institute's disregard of the National Institute of Health's (NIH) requests that the institute provide the required materials to support its research in the grant RPPRs and and IRPPRs, the NIH's conclusion that the institute research likely violated protocols of the NIH regarding biosafety is undisputed.""As such there is a risk that the Wuhan Institute of Virology not only previously violated but is currently violating and will continue to violate protocols of the NIH on biosafety. Therefore I have determined that the immediate suspension of the institute is necessary to mitigate any potential public health risk,"Marshall wrote, "About time! Next, Ecohealth Alliance? We cannot stop here - many more bad actors are still in play."In June, U.S. officials released an intelligence report that rejected some points raised by those who argue COVID-19 leaked from the Chinese lab, instead reiterating that American spy agencies remain divided over how the pandemic began.The report was issued at the behest of Congress, which in March&nbsp;<a href="https://apnews.com/article/biden-covid-intelligence-china-wuhan-institute-c92f7bebfba6fcb4b5dba4319048ffbe">passed a bill</a>&nbsp;giving U.S. intelligence 90 days to declassify intelligence related to the Wuhan Institute of Virology.Intelligence officials under President Joe Biden have been pushed by lawmakers to release more material about the origins of COVID-19. But they have repeatedly&nbsp;<a href="https://apnews.com/article/coronavirus-pandemic-joe-biden-science-health-china-2fe4518ac7aef9b54ea4329385d121c4">argued China's official obstruction</a>&nbsp;of independent reviews has made it perhaps impossible to determine how the pandemic began.Earlier this year, the Department of Energy's intelligence arm&nbsp;<a href="https://apnews.com/article/science-politics-us-department-of-energy-john-kirby-covid-4405605d5671af65df87cf1af314148a">had issued a report</a>&nbsp;arguing a lab-related incident caused the pandemic.Four agencies still believe the virus was transferred from animals to humans, and two agencies — the Energy Department and the FBI — believe the virus leaked from a lab. The CIA and another agency have not made an assessment.Located in the city where the pandemic is believed to have began, the Wuhan Institute of Virology&nbsp;<a href="https://apnews.com/article/who-looking-wuhan-coronavirus-origin-fb791cfdbad2f7db643f790ae4cccc8c">has faced intense scrutiny</a>&nbsp;for its previous research into bat coronaviruses and its reported security lapses.The lab genetically engineered viruses as part of its research including efforts to combine different viruses.-The Associated Press contributed to this report

Kan. Senator: US ceases funding to Wuhan institute amid Covid probe

WYANDOTTE COUNTY —Law enforcement authorities are investigating a stabbing that resulted in an officer-involved shooting.

Just before noon Tuesday, the Kansas City, Kansas 911 dispatch center received numerous calls about a man violently stabbing a woman on a sidewalk near the corner of 34th and Metropolitan Avenue, according to a media release.

A relative of the woman, who witnessed the attack, gave first responders a description of the attacker, whom she said was a stranger.

EMS then transported the stabbing victim, a woman in her 50s, to a local hospital where she was listed in critical condition.

Officers canvassed the neighborhood and located the suspect several blocks away at the intersection of 36th and Strong Avenue. He was armed with a large knife. The suspect charged officers who fired their weapons.&nbsp;&nbsp;

EMS transported the suspect, a man in his 30s to an area hospital. He was listed in serious condition. The two officers involved were not injured and were immediately placed on administrative leave, per department policy.

Other officers remained on scene and staff from an adjacent senior apartment facility alerted them that they had just discovered a male resident in his 70s in one of the units deceased from a stabbing.&nbsp; Based on initial investigation, detectives believe the&nbsp; deceased man and the stabbing suspect are related.

The Wyandotte County Sheriff's office is in charge of the shooting investigation. Police released no additional details late Tuesday.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689733666923.png" alt="Police on the scene of the investigation -photo KCTV" />
 <figcaption>Police on the scene of the investigation -photo KCTV</figcaption>
 </figure>WYANDOTTE COUNTY —Law enforcement authorities are investigating a stabbing that resulted in an officer-involved shooting.Just before noon Tuesday, the Kansas City, Kansas 911 dispatch center received numerous calls about a man violently stabbing a woman on a sidewalk near the corner of 34th and Metropolitan Avenue, according to a media release.A relative of the woman, who witnessed the attack, gave first responders a description of the attacker, whom she said was a stranger.EMS then transported the stabbing victim, a woman in her 50s, to a local hospital where she was listed in critical condition.Officers canvassed the neighborhood and located the suspect several blocks away at the intersection of 36th and Strong Avenue. He was armed with a large knife. The suspect charged officers who fired their weapons.&nbsp;&nbsp;EMS transported the suspect, a man in his 30s to an area hospital. He was listed in serious condition. The two officers involved were not injured and were immediately placed on administrative leave, per department policy.Other officers remained on scene and staff from an adjacent senior apartment facility alerted them that they had just discovered a male resident in his 70s in one of the units deceased from a stabbing.&nbsp; Based on initial investigation, detectives believe the&nbsp; deceased man and the stabbing suspect are related.The Wyandotte County Sheriff's office is in charge of the shooting investigation. Police released no additional details late Tuesday.

Suspect in Kan. officer shooting stabbed relative to death

BISMARCK, N.D. (AP) — A bison severely injured a Minnesota woman on Saturday in Theodore Roosevelt National Park, the National Park Service said in a&nbsp;<a href="https://www.nps.gov/thro/learn/news/visitor-injured-by-bison-thro.htm">statement</a>&nbsp;on Tuesday.

Park officials reported she was in serious but stable condition after suffering “significant injuries to her abdomen and foot.”

The woman was taken to a Fargo hospital after being transported by ambulance to a hospital in Dickinson, about 30 miles (48.28 kilometers) east of Painted Canyon, a colorful Badlands vista popular with motorists, where she was injured at a trailhead.

The attack is under investigation; exact details are unknown. Park Superintendent Angie Richman did not immediately respond to an email requesting information.

On Monday, a&nbsp;<a href="https://apnews.com/article/yellowstone-national-park-bison-attack-996cd6cadd71dc0aa7c1926b001d6358">bison charged and gored a 47-year-old Phoenix woman</a>&nbsp;in Yellowstone National Park. She sustained significant injuries to her chest and abdomen and was taken by helicopter to an Idaho Falls hospital.

Park officials reminded visitors that bison are large, powerful and wild, and can turn quickly and easily outrun people. Bulls can be aggressive during the rutting season from mid-July through August. Park regulations require visitors stay at least 25 yards (23 meters) away from large animals.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689779747997.png" alt="Photo courtesy Theodore Roosevelt National Park" />
 <figcaption>Photo courtesy Theodore Roosevelt National Park</figcaption>
 </figure>BISMARCK, N.D. (AP) — A bison severely injured a Minnesota woman on Saturday in Theodore Roosevelt National Park, the National Park Service said in a&nbsp;<a href="https://www.nps.gov/thro/learn/news/visitor-injured-by-bison-thro.htm">statement</a>&nbsp;on Tuesday.Park officials reported she was in serious but stable condition after suffering “significant injuries to her abdomen and foot.”The woman was taken to a Fargo hospital after being transported by ambulance to a hospital in Dickinson, about 30 miles (48.28 kilometers) east of Painted Canyon, a colorful Badlands vista popular with motorists, where she was injured at a trailhead.The attack is under investigation; exact details are unknown. Park Superintendent Angie Richman did not immediately respond to an email requesting information.On Monday, a&nbsp;<a href="https://apnews.com/article/yellowstone-national-park-bison-attack-996cd6cadd71dc0aa7c1926b001d6358">bison charged and gored a 47-year-old Phoenix woman</a>&nbsp;in Yellowstone National Park. She sustained significant injuries to her chest and abdomen and was taken by helicopter to an Idaho Falls hospital.Park officials reminded visitors that bison are large, powerful and wild, and can turn quickly and easily outrun people. Bulls can be aggressive during the rutting season from mid-July through August. Park regulations require visitors stay at least 25 yards (23 meters) away from large animals.

Bison attack visitors in two national parks

SEDGWICK COUNTY —Law enforcement authorities are investigating a road-rage shooting that injured a 17-year-old and a 19-year-old have arrested&nbsp;18-year-old Xavier Becker of Wichita.

Just after 11:30 p.m. Friday, police responded to a shooting call in the 700 block of W. Maywood in Wichita, according to&nbsp; Officer Kris Gupilan

First responders located the two victims parked in a vehicle. The 19-year-old sustained a gunshot wound to his leg and the 17-year-old sustained a gunshot wound to his upper torso area.

EMS transported both to a local hospital for treatment of critical injuries.

The investigation revealed that the shooting stemmed from a road rage incident in the area of Interstate 235 and Meridian. An eyewitness observed an altercation between the victims and a black sedan. An occupant in the black sedan fired multiple rounds at the victim’s vehicle and fled the area.

With the assistance of social media posts, officers and detectives were able to identify Becker as the shooter and apprehend him.&nbsp; He is being held on requested charges of&nbsp;Aggravated Battery, Criminal Discharge of a Firearm, and Criminal Use of a Weapon, according to Gupilan.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689706083898.png" alt="Becker-photo Sedgwick Co." />
 <figcaption>Becker-photo Sedgwick Co.</figcaption>
 </figure>SEDGWICK COUNTY —Law enforcement authorities are investigating a road-rage shooting that injured a 17-year-old and a 19-year-old have arrested&nbsp;18-year-old Xavier Becker of Wichita.Just after 11:30 p.m. Friday, police responded to a shooting call in the 700 block of W. Maywood in Wichita, according to&nbsp; Officer Kris GupilanFirst responders located the two victims parked in a vehicle. The 19-year-old sustained a gunshot wound to his leg and the 17-year-old sustained a gunshot wound to his upper torso area.EMS transported both to a local hospital for treatment of critical injuries.The investigation revealed that the shooting stemmed from a road rage incident in the area of Interstate 235 and Meridian. An eyewitness observed an altercation between the victims and a black sedan. An occupant in the black sedan fired multiple rounds at the victim’s vehicle and fled the area.With the assistance of social media posts, officers and detectives were able to identify Becker as the shooter and apprehend him.&nbsp; He is being held on requested charges of&nbsp;Aggravated Battery, Criminal Discharge of a Firearm, and Criminal Use of a Weapon, according to Gupilan.

Police: Social media helped officers catch Kan. road-rage shooter

TOPEKA, Kan. (AP) — A federal judge is considering Democratic Gov. Laura Kelly's arguments that a new Kansas law rolling back transgender rights doesn't bar the state from changing the sex listing on transgender people's birth certificates.

U.S. District Judge Daniel Crabtree ruled Tuesday that Kelly's office can defend her administration’s policy of changing birth certificates and accepted its “friend of the court” arguments. The state's Republican attorney general, Kris Kobach, argues that a law that took effect July 1 prohibits such changes and requires the state to undo previous ones.

<a href="https://www.kslegislature.org/li/b2023_24/measures/documents/sb180_enrolled.pdf">The new law</a>, which was enacted by the Republican-controlled Legislature&nbsp;<a href="https://apnews.com/article/transgender-rights-bathroom-law-kansas-b3d068afa2bc02bb15314ee04e8e3899">over Kelly’s veto</a>, defines male and female based on a person’s sex assigned at birth for “any” state law or regulation. If Kobach is successful, Kansas would be only among a few states that don’t make such changes, along with Montana and Tennessee.

The issue is before Crabtree because he is enforcing a 2019 legal settlement that requires the state to change birth certificates for transgender people. Kobach has argued that the new law nullifies that settlement and has asked Crabtree to revoke&nbsp;<a href="https://apnews.com/kansas-to-allow-trans-residents-to-change-birth-certificates-7409799fb2a144bca2fd90cd46b7ea6c">his order that made the agreement binding.</a>

The 2018 lawsuit that led to the settlement was filed by four transgender people and named three Kansas health department officials who oversee birth certificates as defendants, but not the governor. Kelly, therefore, needed the judge’s permission to make her own arguments.

In her filing that Crabtree accepted Tuesday,&nbsp;<a href="https://apnews.com/article/transgender-birth-certificates-kansas-4e096d3e020de4b057f04ef2c72b955c">Kelly's office argued</a>&nbsp;that the new law is discriminatory but the health department is not violating it by changing birth certificates. In a separate filing, the four transgender people said “the zealous desire” of some officials to discriminate against transgender people doesn't justify reconsidering the legal settlement's terms.

“Such an outcome would undermine confidence in courts' ability to vindicate constitutional rights,” they argued.

Kobach also is attacking changes in the sex listings on Kansas driver’s licenses&nbsp;<a href="https://apnews.com/article/transgender-drivers-licenses-kansas-3ad43a98dd96a8eb5864f6cdc19beffb">in a separate a state-court lawsuit.</a>

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1684436202687.png" alt="<a href="https://www.kslegislature.org/li/b2023_24/measures/documents/sb180_enrolled.pdf">The new law</a>, which was enacted by the Republican-controlled Legislature&nbsp;<a href="https://apnews.com/article/transgender-rights-bathroom-law-kansas-b3d068afa2bc02bb15314ee04e8e3899">over Kelly’s veto</a>, defines male and female based on a person’s sex assigned at birth for “any” state law or regulation. photo by Sherman Smith" />
 <figcaption><a href="https://www.kslegislature.org/li/b2023_24/measures/documents/sb180_enrolled.pdf">The new law</a>, which was enacted by the Republican-controlled Legislature&nbsp;<a href="https://apnews.com/article/transgender-rights-bathroom-law-kansas-b3d068afa2bc02bb15314ee04e8e3899">over Kelly’s veto</a>, defines male and female based on a person’s sex assigned at birth for “any” state law or regulation. photo by Sherman Smith</figcaption>
 </figure>By JOHN HANNA&nbsp;TOPEKA, Kan. (AP) — A federal judge is considering Democratic Gov. Laura Kelly's arguments that a new Kansas law rolling back transgender rights doesn't bar the state from changing the sex listing on transgender people's birth certificates.U.S. District Judge Daniel Crabtree ruled Tuesday that Kelly's office can defend her administration’s policy of changing birth certificates and accepted its “friend of the court” arguments. The state's Republican attorney general, Kris Kobach, argues that a law that took effect July 1 prohibits such changes and requires the state to undo previous ones.<a href="https://www.kslegislature.org/li/b2023_24/measures/documents/sb180_enrolled.pdf">The new law</a>, which was enacted by the Republican-controlled Legislature&nbsp;<a href="https://apnews.com/article/transgender-rights-bathroom-law-kansas-b3d068afa2bc02bb15314ee04e8e3899">over Kelly’s veto</a>, defines male and female based on a person’s sex assigned at birth for “any” state law or regulation. If Kobach is successful, Kansas would be only among a few states that don’t make such changes, along with Montana and Tennessee.The issue is before Crabtree because he is enforcing a 2019 legal settlement that requires the state to change birth certificates for transgender people. Kobach has argued that the new law nullifies that settlement and has asked Crabtree to revoke&nbsp;<a href="https://apnews.com/kansas-to-allow-trans-residents-to-change-birth-certificates-7409799fb2a144bca2fd90cd46b7ea6c">his order that made the agreement binding.</a>The 2018 lawsuit that led to the settlement was filed by four transgender people and named three Kansas health department officials who oversee birth certificates as defendants, but not the governor. Kelly, therefore, needed the judge’s permission to make her own arguments.In her filing that Crabtree accepted Tuesday,&nbsp;<a href="https://apnews.com/article/transgender-birth-certificates-kansas-4e096d3e020de4b057f04ef2c72b955c">Kelly's office argued</a>&nbsp;that the new law is discriminatory but the health department is not violating it by changing birth certificates. In a separate filing, the four transgender people said “the zealous desire” of some officials to discriminate against transgender people doesn't justify reconsidering the legal settlement's terms.“Such an outcome would undermine confidence in courts' ability to vindicate constitutional rights,” they argued.Kobach also is attacking changes in the sex listings on Kansas driver’s licenses&nbsp;<a href="https://apnews.com/article/transgender-drivers-licenses-kansas-3ad43a98dd96a8eb5864f6cdc19beffb">in a separate a state-court lawsuit.</a>

Judge: Kan. gov. gets to defend birth certificate changes in court

KANSAS CITY —Law enforcement authorities investigated a possible threat at the Ford plant in Claycomo, 8121 E. Highway U.S. 69, on Tuesday. 

Just before 5:30p.m., a call came into Ford’s safety and risk management team from a man who claimed to be armed with explosives, a rifle and a handgun. He said he was barricaded in the second floor bathroom in the paint area of the plant. Ford&nbsp; ceased all production and evacuated the plant. They also canceled production for the night shift. The road in front of the Ford plant on 69 Highway was also closed. The man who called said he was an employee and was disgruntled. He gave a name that is not an actual employee of the paint area. He did name his supervisor, and that was the correct name. Law enforcement has not been able to make contact with him since that time. Police pinged his phone and believe the phone number that he use may be spoofed.

The Clay County Special Tactics and Response Team entered the plant to find the source of the threat. It is possible this is a swatting call, but deputies treated the threat as real. Clay County negotiators were on scene, as well, and were unable to make contact with anyone.

Law enforcement agencies finished searching the plant and did not locate anyone inside and have determined the threat was not credible.

Investigation into the source of the threats is ongoing.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689764396286.png" alt="The call is being investigated as a&nbsp; possible swatting incident -photo courtey KCTV" />
 <figcaption>The call is being investigated as a&nbsp; possible swatting incident -photo courtey KCTV</figcaption>
 </figure>KANSAS CITY —Law enforcement authorities investigated a possible threat at the Ford plant in Claycomo, 8121 E. Highway U.S. 69, on Tuesday. Just before 5:30p.m., a call came into Ford’s safety and risk management team from a man who claimed to be armed with explosives, a rifle and a handgun. He said he was barricaded in the second floor bathroom in the paint area of the plant. Ford&nbsp; ceased all production and evacuated the plant. They also canceled production for the night shift. The road in front of the Ford plant on 69 Highway was also closed. The man who called said he was an employee and was disgruntled. He gave a name that is not an actual employee of the paint area. He did name his supervisor, and that was the correct name. Law enforcement has not been able to make contact with him since that time. Police pinged his phone and believe the phone number that he use may be spoofed.<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689764373706.png" alt="First responders on the scene of the investigation -photo courtesy KCTV" />
 <figcaption>First responders on the scene of the investigation -photo courtesy KCTV</figcaption>
 </figure>The Clay County Special Tactics and Response Team entered the plant to find the source of the threat. It is possible this is a swatting call, but deputies treated the threat as real. Clay County negotiators were on scene, as well, and were unable to make contact with anyone.Law enforcement agencies finished searching the plant and did not locate anyone inside and have determined the threat was not credible.Investigation into the source of the threats is ongoing.

KC-area Ford plant evacuated as sheriff investigates threat

By JASON HANCOCK <a href="https://missouriindependent.com/2023/02/20/state-senator-throws-first-punches-of-2024-missouri-governors-campaign/">Missouri Independent</a>

A legal showdown between a pair of Republican statewide elected officials found its way to the Missouri Supreme Court on Tuesday, as the judges heard arguments over whether a behind-the-scenes push to increase the cost of an abortion-rights initiative petition was illegal.&nbsp;

Attorney General Andrew Bailey is defending his unprecedented&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/05/04/missouri-auditor-says-ag-trying-to-falsely-inflate-projected-cost-of-abortion-amendment/">decision to reject a fiscal summary crafted by state Auditor Scott Fitzpatrick</a>&nbsp;that concluded the proposed initiative petition would have no significant impact on state funds.

Bailey wanted the fiscal note to say the proposed amendment would cost the state billions of dollars.&nbsp;

The Missouri ACLU filed a lawsuit, arguing that Bailey lacked legal authority to refuse to certify Fizpatrick’s fiscal estimate and was instead simply trying to derail the initiative petition’s chances of getting on the 2024 ballot.&nbsp;

A Cole County judge last month agreed,&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/06/20/judge-missouri-ag-had-absolute-absence-of-authority-to-question-abortion-initiative-cost/">ordering Bailey to sign off&nbsp;</a>on the auditor’s work.&nbsp;

Bailey appealed, and on Tuesday a packed Jefferson City courtroom heard Assistant Attorney General Jason Lewis argue that the court’s June ruling needlessly restricted Bailey’s authority.&nbsp;

The attorney general is tasked with approving the legal content and form of the fiscal summary of a proposed initiative petition. The Cole County ruling would reduce the attorney general’s role in the initiative petition process to a “word counter,” Lewis argued, leaving the office only reviewing fiscal notes to ensure they are the proper length.&nbsp;

Robert Tillman, deputy general counsel for the auditor’s office, said this was the first time an attorney general has attempted to reject the auditor’s work in the fiscal note process.&nbsp;

The attorney general has only a “perfunctory, ministerial role in the fiscal note process for initiative petitions,” Tillman argued. Bailey believes he can substitute his judgment for the auditor’s, he said, but there is nothing in state law giving him that authority.&nbsp;

To bolster that point, Tillman pointed out that the General Assembly stripped the attorney general’s statutory authority to draft the fiscal note summary for a proposed initiative more than 40 years ago.

The attorney general’s interpretation of state law “requires legal gymnastics,” Tillman said, and leads to “preposterous results.”&nbsp;

Anthony Rothert, attorney for the Missouri ACLU, noted that the auditor reviewed Bailey’s suggested changes, including circling back to state agencies seeking any evidence to back the attorney general’s claims.&nbsp;

“There was no new evidence,” he said.&nbsp;

The attorney general is trying to hold hostage and “potentially kill,” an initiative petition he opposes,” Rothert said.&nbsp;&nbsp;Bailey’s actions, he said, are a “direct threat to direct democracy.”

“For more than a century,” Rothert said, “this court has been a guardian of direct democracy.”

The initiative petition effort began when 11 versions of a proposed constitutional amendment seeking to roll back Missouri’s ban on abortion were filed in early March with the secretary of state’s office.&nbsp;

The proposals would declare that the “government shall not infringe upon a person’s fundamental right to reproductive freedom.” That would include “prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care and respectful birthing conditions.”&nbsp;

Penalties for both medical providers and patients seeking reproductive health care would be outlawed.

As part of the initiative petition process, the state auditor is required to create a fiscal note and a fiscal note summary that states “the measure’s estimated cost or savings, if any, to state or local governmental entities.”

After consulting 60 state and local agencies, including the attorney general’s office, Fitzpatrick concluded the state would face “no costs or savings” as a result of the proposed constitutional amendment.

Emails obtained by The Independent show&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/05/04/missouri-auditor-says-ag-trying-to-falsely-inflate-projected-cost-of-abortion-amendment/">Bailey refused to give what has traditionally been considered perfunctory approval of the fiscal note</a>. Instead, he insisted the auditor increase the estimate to say the amendment would cost the state billions of dollars.&nbsp;

Bailey contends that both the Department of Social Services, which oversees the state’s Medicaid program, and the Department of Revenue were incorrect when they told the auditor’s office that there would be no cost to the state if the initiative petition passes.

The attorney general believes — and several opponents of the abortion-rights petition argued in letters to Fitzpatrick — that the proposed amendment could put federal Medicaid money at risk, costing the state at least $12 billion annually. He also contends the fiscal summary should reflect possible loss of tax revenue as “aborting unborn Missourians will have a deleterious impact on the future tax base.”

Fitzpatrick said that while he vehemently opposes the proposed initiative petition, the projected cost estimate being pushed by Bailey is not based in reality. To alter his fiscal summary to include Bailey’s “inaccurate information.” Fitzpatrick wrote to the attorney general, would “violate my duty as State Auditor to produce an accurate fiscal note summary.”

Because of the impasse, Secretary of State Jay Ashcroft has not completed his work on the summary, and thus, supporters cannot legally begin collecting signatures to place the issue on the ballot.

The court did not take any action on Tuesday.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689729912291.png" alt="The Missouri Supreme Court Building in Jefferson City (Jason Hancock/Missouri Independent)." />
 <figcaption>The Missouri Supreme Court Building in Jefferson City (Jason Hancock/Missouri Independent).</figcaption>
 </figure>By JASON HANCOCK <a href="https://missouriindependent.com/2023/02/20/state-senator-throws-first-punches-of-2024-missouri-governors-campaign/">Missouri Independent</a>A legal showdown between a pair of Republican statewide elected officials found its way to the Missouri Supreme Court on Tuesday, as the judges heard arguments over whether a behind-the-scenes push to increase the cost of an abortion-rights initiative petition was illegal.&nbsp;Attorney General Andrew Bailey is defending his unprecedented&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/05/04/missouri-auditor-says-ag-trying-to-falsely-inflate-projected-cost-of-abortion-amendment/">decision to reject a fiscal summary crafted by state Auditor Scott Fitzpatrick</a>&nbsp;that concluded the proposed initiative petition would have no significant impact on state funds.Bailey wanted the fiscal note to say the proposed amendment would cost the state billions of dollars.&nbsp;The Missouri ACLU filed a lawsuit, arguing that Bailey lacked legal authority to refuse to certify Fizpatrick’s fiscal estimate and was instead simply trying to derail the initiative petition’s chances of getting on the 2024 ballot.&nbsp;A Cole County judge last month agreed,&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/06/20/judge-missouri-ag-had-absolute-absence-of-authority-to-question-abortion-initiative-cost/">ordering Bailey to sign off&nbsp;</a>on the auditor’s work.&nbsp;Bailey appealed, and on Tuesday a packed Jefferson City courtroom heard Assistant Attorney General Jason Lewis argue that the court’s June ruling needlessly restricted Bailey’s authority.&nbsp;The attorney general is tasked with approving the legal content and form of the fiscal summary of a proposed initiative petition. The Cole County ruling would reduce the attorney general’s role in the initiative petition process to a “word counter,” Lewis argued, leaving the office only reviewing fiscal notes to ensure they are the proper length.&nbsp;Robert Tillman, deputy general counsel for the auditor’s office, said this was the first time an attorney general has attempted to reject the auditor’s work in the fiscal note process.&nbsp;The attorney general has only a “perfunctory, ministerial role in the fiscal note process for initiative petitions,” Tillman argued. Bailey believes he can substitute his judgment for the auditor’s, he said, but there is nothing in state law giving him that authority.&nbsp;To bolster that point, Tillman pointed out that the General Assembly stripped the attorney general’s statutory authority to draft the fiscal note summary for a proposed initiative more than 40 years ago.The attorney general’s interpretation of state law “requires legal gymnastics,” Tillman said, and leads to “preposterous results.”&nbsp;Anthony Rothert, attorney for the Missouri ACLU, noted that the auditor reviewed Bailey’s suggested changes, including circling back to state agencies seeking any evidence to back the attorney general’s claims.&nbsp;“There was no new evidence,” he said.&nbsp;The attorney general is trying to hold hostage and “potentially kill,” an initiative petition he opposes,” Rothert said.&nbsp;&nbsp;Bailey’s actions, he said, are a “direct threat to direct democracy.”“For more than a century,” Rothert said, “this court has been a guardian of direct democracy.”The initiative petition effort began when 11 versions of a proposed constitutional amendment seeking to roll back Missouri’s ban on abortion were filed in early March with the secretary of state’s office.&nbsp;The proposals would declare that the “government shall not infringe upon a person’s fundamental right to reproductive freedom.” That would include “prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care and respectful birthing conditions.”&nbsp;Penalties for both medical providers and patients seeking reproductive health care would be outlawed.As part of the initiative petition process, the state auditor is required to create a fiscal note and a fiscal note summary that states “the measure’s estimated cost or savings, if any, to state or local governmental entities.”After consulting 60 state and local agencies, including the attorney general’s office, Fitzpatrick concluded the state would face “no costs or savings” as a result of the proposed constitutional amendment.Emails obtained by The Independent show&nbsp;<a target="_blank" href="https://missouriindependent.com/2023/05/04/missouri-auditor-says-ag-trying-to-falsely-inflate-projected-cost-of-abortion-amendment/">Bailey refused to give what has traditionally been considered perfunctory approval of the fiscal note</a>. Instead, he insisted the auditor increase the estimate to say the amendment would cost the state billions of dollars.&nbsp;Bailey contends that both the Department of Social Services, which oversees the state’s Medicaid program, and the Department of Revenue were incorrect when they told the auditor’s office that there would be no cost to the state if the initiative petition passes.The attorney general believes — and several opponents of the abortion-rights petition argued in letters to Fitzpatrick — that the proposed amendment could put federal Medicaid money at risk, costing the state at least $12 billion annually. He also contends the fiscal summary should reflect possible loss of tax revenue as “aborting unborn Missourians will have a deleterious impact on the future tax base.”Fitzpatrick said that while he vehemently opposes the proposed initiative petition, the projected cost estimate being pushed by Bailey is not based in reality. To alter his fiscal summary to include Bailey’s “inaccurate information.” Fitzpatrick wrote to the attorney general, would “violate my duty as State Auditor to produce an accurate fiscal note summary.”Because of the impasse, Secretary of State Jay Ashcroft has not completed his work on the summary, and thus, supporters cannot legally begin collecting signatures to place the issue on the ballot.The court did not take any action on Tuesday.

Fight over abortion-rights initiative petition reaches Mo. Supreme Court

SHAWNEE COUNTY—One person died in an accident just after 1p.m. Tuesday in Topeka.

The Kansas Highway Patrol reported a&nbsp; 2007 Kenworth semi driven by Carl Anthony Miles, 67, Topeka, was exiting the Bettis Asphalt Concrete Supply of Topeka parking lot at 2350 NW Water Works Drive just off Interstate 70 and traveled northbound. 

The semi entered the railroad tracks and an eastbound Union Pacific train struck the semi. The impact caused the semi&nbsp; to spin out, land on the passenger side and became fully engulfed in flames. Heavy smoke and flames were visible throughout the area.

Miles was pronounced dead at the scene and was transported to First Call. There were no other injuries.&nbsp;&nbsp;

Topeka Fire crews and Topeka Police coordinated with several law enforcement agencies on scene, as well as Kansas Gas Service due to damage to a gas line.&nbsp;&nbsp;There were no other injuries reported.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689761403610.png" alt="Photo courtesy WIBW TV" />
 <figcaption>Photo courtesy WIBW TV</figcaption>
 </figure>SHAWNEE COUNTY—One person died in an accident just after 1p.m. Tuesday in Topeka.The Kansas Highway Patrol reported a&nbsp; 2007 Kenworth semi driven by Carl Anthony Miles, 67, Topeka, was exiting the Bettis Asphalt Concrete Supply of Topeka parking lot at 2350 NW Water Works Drive just off Interstate 70 and traveled northbound. The semi entered the railroad tracks and an eastbound Union Pacific train struck the semi. The impact caused the semi&nbsp; to spin out, land on the passenger side and became fully engulfed in flames. Heavy smoke and flames were visible throughout the area.Miles was pronounced dead at the scene and was transported to First Call. There were no other injuries.&nbsp;&nbsp;Topeka Fire crews and Topeka Police coordinated with several law enforcement agencies on scene, as well as Kansas Gas Service due to damage to a gas line.&nbsp;&nbsp;There were no other injuries reported.

Kansas man dies after train, truck crash and fire

SHAWNEE COUNTY—Law enforcement authorities investigating a fatal shooting in Topeka are attempting to locate 29-year-old Alfred A. Smith.

Just before 5:30p.m. Friday,&nbsp; police were&nbsp;dispatched to a Topeka hospital after a victim identified as 2-month-old Alonzoe K. Smith arrived with an apparent gunshot wound, according to Lt. Ronnie Connell.

The infant had arrived and was being treated for a life threatening injury. and later died.&nbsp; &nbsp; The shooting occurred in the 1000 Block of SW Mulvane Street.

Police reported Alfred Smith was last seen in a turquoise Jeep SUV.

If you have any information regarding where Smith might be, do not attempt to make contact with him, please call 911 immediately.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689544705597.png" alt="Alfred A. Smith-photo Topeka Police" />
 <figcaption>Alfred A. Smith-photo Topeka Police</figcaption>
 </figure>SHAWNEE COUNTY—Law enforcement authorities investigating a fatal shooting in Topeka are attempting to locate 29-year-old Alfred A. Smith.Just before 5:30p.m. Friday,&nbsp; police were&nbsp;dispatched to a Topeka hospital after a victim identified as 2-month-old Alonzoe K. Smith arrived with an apparent gunshot wound, according to Lt. Ronnie Connell.The infant had arrived and was being treated for a life threatening injury. and later died.&nbsp; &nbsp; The shooting occurred in the 1000 Block of SW Mulvane Street.Police reported Alfred Smith was last seen in a turquoise Jeep SUV.If you have any information regarding where Smith might be, do not attempt to make contact with him, please call 911 immediately.

Kansas man wanted for death of 2-month old still hiding from police

WASHINGTON —The Defense Department announced an increased presence in the U.S. Central Command's area of responsibility, including an additional Navy destroyer along with fighter jets, according to statement from the agency.

"In response to a number of recent, alarming events in the Strait of Hormuz, the secretary of defense has ordered the deployment of the of the destroyer USS Thomas Hudner, F-35 fighters and F-16 fighters to the U.S. Central Command area of responsibility to defend U.S. interests and safeguard freedom of navigation in the region," said Deputy Pentagon Press Secretary Sabrina Singh during a briefing.&nbsp;

Earlier this month, Singh said, the Iranian navy attempted to illegally seize two merchant vessels in the Strait of Hormuz and the Gulf of Oman.&nbsp;

"One attempt included an Iranian navy ship firing upon the merchant vessel," Singh said. "In light of this continued threat and in coordination with our partners and allies, the department is increasing our presence and ability to monitor the strait and surrounding waters."&nbsp;

According to a news report from U.S. Central Command, on July 5, U.S. forces already in Centcom's area of responsibility participated in preventing two commercial tanker ships from being seized by the Iranian military in international waters near the coast of Oman.&nbsp;

One of those ships, the Marshall Islands-flagged oil tanker TRF Moss, was approached by an Iranian naval vessel, but that naval vessel departed after the arrival of the U.S. Navy guided-missile destroyer USS McFaul.&nbsp;

Later that same day, the Bahamian-flagged oil tanker Richmond Voyager was also approached by an Iranian naval vessel. That Iranian naval vessel got within one mile of the tanker and fired on it using small arms and crew-served weapons. As happened with the TRF Moss, the Iranian vessel departed when the USS McFaul arrived on the scene.&nbsp;

According to Centcom, Iran has attacked or seized about 20 merchant vessels since 2021.&nbsp;

"We call upon Iran to immediately cease these destabilizing actions that threaten the free flow of commerce through this strategic waterway, of which the world depends on for more than 1/5 of the world's oil supply," Singh said.&nbsp;

Singh also said Secretary of Defense Lloyd J. Austin III and Chairman of the Joint Chiefs of Staff Army Gen. Mark A. Milley will host a virtual meeting of the Ukraine Defense Contact Group from the Pentagon on Tuesday.

"They will join ministers of defense and chiefs of defense from nearly 50 nations from around the world to discuss Russia's ongoing war in Ukraine and continue close coordination to provide Ukraine with the security assistance they need to protect their people and defend their country," she said.&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689682458596.png" alt="The Navy’s USS Thomas Hudner is under orders from Secretary of Defense Lloyd J. Austin III to deploy to U.S. Central Command’s area of responsibility. The Thomas Hudner is an Arleigh Burke-class guided missile destroyer. Photo By: Navy Petty Officer 2nd Class Malachi Lakey" />
 <figcaption>The Navy’s USS Thomas Hudner is under orders from Secretary of Defense Lloyd J. Austin III to deploy to U.S. Central Command’s area of responsibility. The Thomas Hudner is an Arleigh Burke-class guided missile destroyer. Photo By: Navy Petty Officer 2nd Class Malachi Lakey</figcaption>
 </figure>WASHINGTON —The Defense Department announced an increased presence in the U.S. Central Command's area of responsibility, including an additional Navy destroyer along with fighter jets, according to statement from the agency."In response to a number of recent, alarming events in the Strait of Hormuz, the secretary of defense has ordered the deployment of the of the destroyer USS Thomas Hudner, F-35 fighters and F-16 fighters to the U.S. Central Command area of responsibility to defend U.S. interests and safeguard freedom of navigation in the region," said Deputy Pentagon Press Secretary Sabrina Singh during a briefing.&nbsp;Earlier this month, Singh said, the Iranian navy attempted to illegally seize two merchant vessels in the Strait of Hormuz and the Gulf of Oman.&nbsp;"One attempt included an Iranian navy ship firing upon the merchant vessel," Singh said. "In light of this continued threat and in coordination with our partners and allies, the department is increasing our presence and ability to monitor the strait and surrounding waters."&nbsp;According to a news report from U.S. Central Command, on July 5, U.S. forces already in Centcom's area of responsibility participated in preventing two commercial tanker ships from being seized by the Iranian military in international waters near the coast of Oman.&nbsp;One of those ships, the Marshall Islands-flagged oil tanker TRF Moss, was approached by an Iranian naval vessel, but that naval vessel departed after the arrival of the U.S. Navy guided-missile destroyer USS McFaul.&nbsp;<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689682519398.png" alt="Secretary of Defense Lloyd J. Austin III is ordering an undisclosed number of F-16 aircraft, similar to the one photographed, to deploy to the U.S. Central Command’s area of responsibility.&nbsp;Photo By:&nbsp;Osakabe Yasuo, Air Force" />
 <figcaption>Secretary of Defense Lloyd J. Austin III is ordering an undisclosed number of F-16 aircraft, similar to the one photographed, to deploy to the U.S. Central Command’s area of responsibility.&nbsp;Photo By:&nbsp;Osakabe Yasuo, Air Force</figcaption>
 </figure>Later that same day, the Bahamian-flagged oil tanker Richmond Voyager was also approached by an Iranian naval vessel. That Iranian naval vessel got within one mile of the tanker and fired on it using small arms and crew-served weapons. As happened with the TRF Moss, the Iranian vessel departed when the USS McFaul arrived on the scene.&nbsp;According to Centcom, Iran has attacked or seized about 20 merchant vessels since 2021.&nbsp;"We call upon Iran to immediately cease these destabilizing actions that threaten the free flow of commerce through this strategic waterway, of which the world depends on for more than 1/5 of the world's oil supply," Singh said.&nbsp;Singh also said Secretary of Defense Lloyd J. Austin III and Chairman of the Joint Chiefs of Staff Army Gen. Mark A. Milley will host a virtual meeting of the Ukraine Defense Contact Group from the Pentagon on Tuesday."They will join ministers of defense and chiefs of defense from nearly 50 nations from around the world to discuss Russia's ongoing war in Ukraine and continue close coordination to provide Ukraine with the security assistance they need to protect their people and defend their country," she said.&nbsp;

U.S. moves guided missile destroyer, F16s due to Iran threat

SEDGWICK COUNTY —A Kansas woman is going to prison for the death of her infant daughter.

On Friday, 29-year-old Neriah Dilley was sentenced to just over 14-years in prison, according to the Sedgwick County District Attorney's office.

In February, Dilley entered a guilty plea to one count of second-degree murder and one count of abuse of a child.

In October of 2021, police responded to a home in the 800 block of South Mission in Wichita after report of an infant not breathing, according to Officer Charley Davidson.

Upon arrival, officers located 1-year-old Myonna Townley in critical condition. EMS transported her an area hospital for medical treatment where she succumbed to her injuries. Townley was also found to have trauma on her body, according to Davidson.

Interviews and the examination of evidence led police to arrest Dilley, the girl's mother.

<figure>
 <img src="https://media.eaglewebservices.com/public/2021/10/1633901481923.png" alt="Dilley-photo Sedgwick County" />
 <figcaption>Dilley-photo Sedgwick County</figcaption>
 </figure>SEDGWICK COUNTY —A Kansas woman is going to prison for the death of her infant daughter.On Friday, 29-year-old Neriah Dilley was sentenced to just over 14-years in prison, according to the Sedgwick County District Attorney's office.In February, Dilley entered a guilty plea to one count of second-degree murder and one count of abuse of a child.In October of 2021, police responded to a home in the 800 block of South Mission in Wichita after report of an infant not breathing, according to Officer Charley Davidson.Upon arrival, officers located 1-year-old Myonna Townley in critical condition. EMS transported her an area hospital for medical treatment where she succumbed to her injuries. Townley was also found to have trauma on her body, according to Davidson.Interviews and the examination of evidence led police to arrest Dilley, the girl's mother.

Kan. mother sentenced for abuse death of infant daughter

FINNEY COUNTY—Law enforcement authorities are investigating three suspects in connection with&nbsp;an ongoing narcotics investigation in southwest Kansas.

On July 14, the Garden City/Finney County Joint Drug Task Force served a search warrant at 1502 A Street, in Garden City, according to a media release.

Three suspects identified as April Williams, 54, Brock Walker, 38, and Abeer Abdelrazek, 24, refused to exit the residence and surrender to police.&nbsp;Williams is listed as a registered offender for a drug distribution conviction in 2022.

After two hours, the individuals were taken into custody. During a search of the residence, Officers found suspected narcotics, drug paraphernalia, and counterfeit money.

Williams, Walker, and Abdelrazek are being held in the Finney County Jail on requested charges of&nbsp; Interference LEO (F) and active warrants. Williams is also accused of a violation of offender registration act. Additional charges are pending, according to police.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689676905941.png" alt="Williams has been listed as a registered offender since December for a drug distribution conviction-photo KBI offender registry" />
 <figcaption>Williams has been listed as a registered offender since December for a drug distribution conviction-photo KBI offender registry</figcaption>
 </figure>FINNEY COUNTY—Law enforcement authorities are investigating three suspects in connection with&nbsp;an ongoing narcotics investigation in southwest Kansas.<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689676725601.png" alt="Abdelrazek-photo Finney Co." />
 <figcaption>Abdelrazek-photo Finney Co.</figcaption>
 </figure>On July 14, the Garden City/Finney County Joint Drug Task Force served a search warrant at 1502 A Street, in Garden City, according to a media release.<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689676640867.png" alt="Walker-photo Finney Co." />
 <figcaption>Walker-photo Finney Co.</figcaption>
 </figure>Three suspects identified as April Williams, 54, Brock Walker, 38, and Abeer Abdelrazek, 24, refused to exit the residence and surrender to police.&nbsp;Williams is listed as a registered offender for a drug distribution conviction in 2022.After two hours, the individuals were taken into custody. During a search of the residence, Officers found suspected narcotics, drug paraphernalia, and counterfeit money.Williams, Walker, and Abdelrazek are being held in the Finney County Jail on requested charges of&nbsp; Interference LEO (F) and active warrants. Williams is also accused of a violation of offender registration act. Additional charges are pending, according to police.

Registered offender jailed after standoff at SW Kansas home

By TIM CARPENTER <a href="https://kansasreflector.com/2023/04/06/grieving-moms-plea-to-kansas-lawmakers-do-something-this-epidemic-is-killing-our-kids/">Kansas Reflector</a>

TOPEKA — A national civil rights organization focused on LGBTQ issues waded into a federal-court campaign by Attorney General Kris Kobach to unravel a 2019 consent order guaranteeing transgender individuals could change gender markers on their Kansas birth certificates.

Attorneys with the Lambda Legal Defense and Education Fund responded to Kobach by requesting the U.S. District Court uphold a four-year-old order as it related to revision of birth certificates. The settlement under scrutiny applied to a lawsuit filed by transgender plaintiffs challenging Gov. Sam Brownback’s ban on gender refinements to certificates of birth.

“Permitting transgender Kansans to obtain accurate birth certificates consistent with their&nbsp;gender identity remains the main thrust of the consent judgment,” said Omar Gonzalez-Pagan, a Lambda Legal lawyer on the brief.&nbsp;“Simply put, the zealous desire of some state actors to perpetuate the very discriminatory&nbsp;policies this court has already found to be unconstitutional is not and cannot be a sufficient&nbsp;significant change in circumstances to warrant relief.”

Days before the anti-trans Senate Bill 180 took effect in Kansas, the attorney general urged U.S. District Judge Daniel Crabtree to set aside key provisions of the June 21, 2019, order accepted by the administration of Democratic Gov. Laura Kelly and the four transgender plaintiffs.

The federal decree was based on the court’s perspective that policies forbidding correction of birth certificates violated due process and equal protection clauses of the 14th Amendment to the U.S. Constitution.

Kobach argued the new state law required Kansas officials to document on birth certificates and driver’s licenses the biological sex of infants at birth. He said Crabtree’s order should be recalculated&nbsp;because the new statute mandated state officials operate in a way contrary to the federal judgment.

In fact, the Republican attorney general said the new state law made compliance with the federal order “legally impermissible.”

Attorneys with Lambda Legal countered that Kobach mistakenly believed federal court confirmation of unconstitutional practices could be superseded by enactment of a state law declaring those practices to be legal.

The 2019 federal order did state obligations of the consent judgment were binding upon state of Kansas defendants and&nbsp;any successor charged with enforcing laws regarding birth certificates.

“Such language was presciently necessary because, as is the case now, those intent on&nbsp;using the state’s powers to perpetuate discrimination against vulnerable and discrete minorities&nbsp;like transgender people do not give up easily,” the Lambda Legal attorneys said.

Lambda Legal asked in the brief whether Kobach’s theory meant a new&nbsp;Kansas&nbsp;statute, law, policy or practice could prohibit issuance within the state of marriage licenses to same-sex couples&nbsp;in violation of U.S. Supreme Court precedent. The same question was framed by Lambda Legal in context of the landmark segregation decision of the U.S. Supreme Court declaring separate-but-equal schools were unconstitutional.

“Is it Attorney General Kobach’s&nbsp;position that the judgment in&nbsp;Brown v. Board of Education of Topeka&nbsp;may be vacated simply because the Kansas Legislature has enacted a law instituting separate&nbsp;educational facilities based on race? The answer is clearly no,” the Lambda Legal lawyers said.

For the state attorney general to prevail, Lambda Legal said, a judge would have to enable unconstitutional intrusion into privacy, autonomy and free speech rights of transgender Kansans. Lambda Legal’s attorneys said Kobach was relying on two non-binding decisions from district courts outside Kansas and a handful of other state court decisions to defeat the consent order, but Lambda Legal contended the picture presented by Kobach was incomplete.

Lambda Legal said Kobach ignored evidence modification of the consent order would materially harm transgender Kansans, reinforce the political persecution of LGBTQ people and run counter to the public interest in shielding constitutional rights.

In October 2018, plaintiffs Nyla Foster, Luc Bensimon, Jessica Hicklin and C.K. as well as the&nbsp;Kansas Statewide Transgender Education Project filed suit contesting the Brownback policy&nbsp;barring transgender people from obtaining birth certificates that reflected their gender identity.

The plaintiffs’ argument was based on U.S. constitutional guarantees to&nbsp;equal protection under the law as well as the right to&nbsp;liberty, privacy and freedom of expression. After prolonged negotiations, the federal judge signed the consent judgment.

Senate Bill 180, enacted over Kelly’s veto, went into effect July 1. In advance of that date, Kobach&nbsp;issued an advisory opinion asserting the new state law required Kansas Department of Health and Environment to register applicants for birth certificates as either female or male at birth.

Kobach claimed the state law required the federal court to rescind the previous order on gender modification of birth certificates.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/7/1689677402002.png" alt=" LGBTQ flags were positioned on Capitol desks of Kansas House members during the 2023 debate on legislation targeting rights of transgender Kansans. Attorney General Kris Kobach, in wake of Senate Bill 180's passage, is challenging a federal court order allowing gender changes to birth certificates. His views clash with civil rights organizations, including Lambda Legal. (Rachel Mipro/Kansas Reflector)" />
 <figcaption> LGBTQ flags were positioned on Capitol desks of Kansas House members during the 2023 debate on legislation targeting rights of transgender Kansans. Attorney General Kris Kobach, in wake of Senate Bill 180's passage, is challenging a federal court order allowing gender changes to birth certificates. His views clash with civil rights organizations, including Lambda Legal. (Rachel Mipro/Kansas Reflector)</figcaption>
 </figure>By TIM CARPENTER <a href="https://kansasreflector.com/2023/04/06/grieving-moms-plea-to-kansas-lawmakers-do-something-this-epidemic-is-killing-our-kids/">Kansas Reflector</a>TOPEKA — A national civil rights organization focused on LGBTQ issues waded into a federal-court campaign by Attorney General Kris Kobach to unravel a 2019 consent order guaranteeing transgender individuals could change gender markers on their Kansas birth certificates.Attorneys with the Lambda Legal Defense and Education Fund responded to Kobach by requesting the U.S. District Court uphold a four-year-old order as it related to revision of birth certificates. The settlement under scrutiny applied to a lawsuit filed by transgender plaintiffs challenging Gov. Sam Brownback’s ban on gender refinements to certificates of birth.“Permitting transgender Kansans to obtain accurate birth certificates consistent with their&nbsp;gender identity remains the main thrust of the consent judgment,” said Omar Gonzalez-Pagan, a Lambda Legal lawyer on the brief.&nbsp;“Simply put, the zealous desire of some state actors to perpetuate the very discriminatory&nbsp;policies this court has already found to be unconstitutional is not and cannot be a sufficient&nbsp;significant change in circumstances to warrant relief.”Days before the anti-trans Senate Bill 180 took effect in Kansas, the attorney general urged U.S. District Judge Daniel Crabtree to set aside key provisions of the June 21, 2019, order accepted by the administration of Democratic Gov. Laura Kelly and the four transgender plaintiffs.The federal decree was based on the court’s perspective that policies forbidding correction of birth certificates violated due process and equal protection clauses of the 14th Amendment to the U.S. Constitution.Kobach argued the new state law required Kansas officials to document on birth certificates and driver’s licenses the biological sex of infants at birth. He said Crabtree’s order should be recalculated&nbsp;because the new statute mandated state officials operate in a way contrary to the federal judgment.In fact, the Republican attorney general said the new state law made compliance with the federal order “legally impermissible.”<h2>‘Answer is clearly no’</h2>Attorneys with Lambda Legal countered that Kobach mistakenly believed federal court confirmation of unconstitutional practices could be superseded by enactment of a state law declaring those practices to be legal.The 2019 federal order did state obligations of the consent judgment were binding upon state of Kansas defendants and&nbsp;any successor charged with enforcing laws regarding birth certificates.“Such language was presciently necessary because, as is the case now, those intent on&nbsp;using the state’s powers to perpetuate discrimination against vulnerable and discrete minorities&nbsp;like transgender people do not give up easily,” the Lambda Legal attorneys said.Lambda Legal asked in the brief whether Kobach’s theory meant a new&nbsp;Kansas&nbsp;statute, law, policy or practice could prohibit issuance within the state of marriage licenses to same-sex couples&nbsp;in violation of U.S. Supreme Court precedent. The same question was framed by Lambda Legal in context of the landmark segregation decision of the U.S. Supreme Court declaring separate-but-equal schools were unconstitutional.“Is it Attorney General Kobach’s&nbsp;position that the judgment in&nbsp;Brown v. Board of Education of Topeka&nbsp;may be vacated simply because the Kansas Legislature has enacted a law instituting separate&nbsp;educational facilities based on race? The answer is clearly no,” the Lambda Legal lawyers said.For the state attorney general to prevail, Lambda Legal said, a judge would have to enable unconstitutional intrusion into privacy, autonomy and free speech rights of transgender Kansans. Lambda Legal’s attorneys said Kobach was relying on two non-binding decisions from district courts outside Kansas and a handful of other state court decisions to defeat the consent order, but Lambda Legal contended the picture presented by Kobach was incomplete.Lambda Legal said Kobach ignored evidence modification of the consent order would materially harm transgender Kansans, reinforce the political persecution of LGBTQ people and run counter to the public interest in shielding constitutional rights.<h2>Foundation in 2018 suit</h2>In October 2018, plaintiffs Nyla Foster, Luc Bensimon, Jessica Hicklin and C.K. as well as the&nbsp;Kansas Statewide Transgender Education Project filed suit contesting the Brownback policy&nbsp;barring transgender people from obtaining birth certificates that reflected their gender identity.The plaintiffs’ argument was based on U.S. constitutional guarantees to&nbsp;equal protection under the law as well as the right to&nbsp;liberty, privacy and freedom of expression. After prolonged negotiations, the federal judge signed the consent judgment.Senate Bill 180, enacted over Kelly’s veto, went into effect July 1. In advance of that date, Kobach&nbsp;issued an advisory opinion asserting the new state law required Kansas Department of Health and Environment to register applicants for birth certificates as either female or male at birth.Kobach claimed the state law required the federal court to rescind the previous order on gender modification of birth certificates.Kelly said her legal counsel didn’t interpret Senate Bill 180 to forbid changes to gender markers on birth certificates issued by KDHE or driver’s licenses produced by the Kansas Department of Revenue. A Shawnee County District Court judge issued a temporary order requested by Kobach that halted gender modifications to driver’s licenses pending further review.