The Kansas Supreme Court has struck down two significant anti-abortion laws, reinforcing the state’s constitutional protection of abortion access. In two 5-1 decisions, the court invalidated a ban on a common second-trimester procedure and laws that imposed stricter regulations on abortion providers compared to other healthcare professionals. These rulings suggest that other longstanding restrictions may also be vulnerable to legal challenges.
Nancy Northup, president and CEO of the Center for Reproductive Rights, hailed the decisions as a monumental victory for the health, safety, and dignity of people in Kansas and the broader Midwestern region. The court’s decisions come nearly two years after Kansas voters decisively affirmed abortion rights in an August 2022 statewide vote, following the U.S. Supreme Court’s Dobbs decision, which allowed states to ban abortion altogether.
Republican Attorney General Kris Kobach’s office had argued that the 2022 vote was irrelevant in determining the legality of the two laws. However, Justice Evelyn Wilson, one of three justices appointed after the court’s landmark 2019 decision, emphasized that the people’s votes must be respected. Wilson, appointed by Democratic Governor Laura Kelly, noted that the results were accepted by the people, showcasing how democracy functions successfully.
Neither of the laws struck down by the court had been enforced due to ongoing lawsuits. Other legal challenges in lower state courts are contesting restrictions on medication abortions, a ban on teleconferences between doctors and patients, mandatory information doctors must provide before an abortion, and a 24-hour waiting period after receiving information about the procedure.
The impact of these rulings extends beyond Kansas, as the state has become a refuge for patients from states with more restrictive abortion laws, such as Oklahoma and Texas. The Guttmacher Institute projected that about 20,000 abortions were performed in Kansas in 2023, a 152% increase from 2020.
Abortion opponents had warned that failing to amend the state constitution in 2022 would jeopardize long-standing restrictions. Kansas experienced a surge of new restrictions under former Republican Governor Sam Brownback from 2011 to 2018. Danielle Underwood, spokesperson for Kansans for Life, expressed disappointment, stating that many Kansans were misled by assurances that abortion would remain heavily regulated if the 2022 amendment was rejected.
Justice Caleb Stegall, the lone dissenter in both rulings, warned that the majority’s actions would damage the court’s legitimacy for years to come. He argued that the court’s declarations about bodily autonomy could affect a wide range of health and safety regulations beyond abortion, including licensing requirements for barbers. Stegall, appointed by Brownback, is widely regarded as the court’s most conservative member.
Justice Melissa Standridge, who wrote the majority opinion in the clinic regulations case, countered Stegall’s comments, calling them inappropriate and denigrating to women faced with decisions between childbirth and abortion. Kansas does not ban most abortions until the 22nd week of pregnancy but requires minors to obtain written consent from their parents or a guardian. Other requirements, including the 24-hour waiting period and mandatory information from providers, are currently on hold due to legal challenges.
The health and safety rules specifically targeting abortion providers were enacted in 2011, with supporters claiming they would protect women’s health. However, no evidence was provided to show that such rules led to better health outcomes. Providers argued that the real goal was to force them out of business. Standridge noted in the majority opinion that there was no evidence the rules would improve patients’ health and, in some cases, they contradicted that position. The state’s expert even agreed that existing abortion care is extremely safe and comparable to care not covered by the regulations.
The other law struck down by the court would have banned a specific type of dilation and evacuation (D&E) procedure, the first state ban of its kind when enacted in 2015. According to state health department statistics, about 600 D&E procedures were performed in Kansas in 2022, accounting for 5% of the state’s total abortions. The procedure ban would have forced providers to use alternative methods that the Center for Reproductive Rights argued are riskier and more expensive for patients.
Justice Eric Rosen, in the majority opinion on the D&E ban, stated that lower-court evidence showed the ban would force patients to undergo alternative procedures that are rarely used, untested, and sometimes more dangerous or impossible. The 2019 ruling came in the early stages of the lawsuit over the 2015 ban, with the justices keeping the law on hold but sending the case back to the trial court for further examination. A trial judge later ruled that the law could not stand.
Three of the court’s seven justices joined after the 2019 decision, all appointed by Democratic Governor Laura Kelly. However, Justice K.J. Wall, one of Kelly’s appointees, did not participate in either ruling.
The Kansas Supreme Court’s decisions underscore the state’s commitment to protecting abortion access under its constitution, setting a precedent that could influence future legal battles over abortion restrictions.
Source: Associated Press, ABC News
