Kansas supreme court delivers major win for abortion rights movement
The court ruled that several cumbersome procedures, documentation, and equipment restrictions were unconstitutional.
Abortion rights activists in Kansas had a significant victory this week as the state supreme court nullified two laws that restricted abortions.
The court ruled that the state failed to show the laws protected maternal health to a degree that permitted regulation. Several limitations had been placed on abortion care in the state, including those dealing with documentation, unannounced inspections, and some dealing with equipment. The state had imposed severe penalties for violating those laws.
Among the laws permanently struck down a ban on the most common abortion procedure used after approximately 14-15 weeks of pregnancy, called dilation and evacuation (D&E). The Center for Reproductive Rights filed the case on behalf of Drs. Herbert Hodes and Traci Lynn Nauser, and their practice, the Center for Women’s Health, which has offered abortion care in Kansas for decades.
Nancy Northup, president and CEO of the Center, commented on the decision in a news release.
“This is an immense victory for the health, safety, and dignity of people in Kansas and the entire Midwestern region, where millions have been cut off from abortion access. We will continue our fight to ensure Kansans can access the essential healthcare they need in their home state.”
Kansas abortion clinics have been inundated with patients from across the region seeking care, according to the Center. The number of abortions provided in Kansas increased by 57% in 2022, with over two-thirds of patients traveling from out of state. Because of the influx of out-of-state patients and increased clinic wait times, more Kansans are left with no option but to travel outside the state for time-sensitive care.
The district court had struck down the challenged laws, partly because it violated the state’s equal protection laws. The Supreme Court changed the reasoning to nullify the rules to focus on the state failing to show a compelling interest in enforcing them.
All experts—including the State's expert— that testified in the case agreed existing abortion care is extremely safe and comparable in terms of safety to gynecological and non-gynecological procedures to which the Challenged Laws have no application. The providers noted that the state identified no health or safety incidents in the nearly ten years since the challenged laws were enjoined, let alone any incident it would have addressed.
Other critical aspects of the decision included the contention that Kansans had a right to maintain confidentiality regarding their health records. That’s been a major emphasis for the abortion rights movement across the country.
The laws have made abortion providers purchase unnecessary and costly equipment that they never used. The court ruled that the provision was unconstitutional as well.
The entire decision is below.
