By Diane Silver
I can't tell you whether Wichita abortion provider George Tiller has committed any misdemeanors in his practice. I can't tell you whether it's a right or wrong to prosecute him, although certainly former Kansas Attorney General Phill Kline's Ahab-like pursuit of Tiller began to verge on the absurd.
However, Operation Rescue' current effort to force our new attorney general, Paul Morrison, to prosecute Tiller worries me. It should also worry you whether you love Tiller or hate him, and no matter where you stand on the subject of abortion.
Yesterday the House Federal and State Affairs Committee passed a resolution ordering Morrison to reinstate the 30 now dismissed misdemeanor charges Kline had filed against Tiller. The committee did this without holding a hearing, although that supposedly will come this afternoon. (What an odd kind of legislating: Pass the proposal, THEN hold the hearing. You've gotta love the Kansas Legislature.)
Not holding a hearing is bad enough, but what really worries me is the fact that the Legislative branch is trying to force the attorney general to file charges. I know that an obscure law is being invoked, but can this possibly be constitutional? What happened to separation of powers?