Kansas Supreme Court rules on abortion rights

April 26, 2019 - 10:06 am

The Kansas Supreme Court has ruled for the first time that the state constitution protects abortion rights ... and has blocked a first-in-the-nation ban on a common second trimester procedure. The court's ruling was a major victory for abortion rights supporters in a state with an anti-abortion Legislature. It prevents the state from enforcing a 2015 law that could have reduced second-trimester abortions and allows challenges to other restrictions under the state constitution. The court said language in the Kansas Constitution guaranteeing individual rights protects a woman's right to obtain an abortion independent of the U.S. Constitution. Kansas courts could strike down restrictions that have been upheld by the federal courts. The decision also stymies the attempt by abortion opponents to outlaw what the law described as "dismemberment abortion."

Congressman Ron Estes released the following statement after today's Kansas Supreme Court ruling on abortion:

"Radical and out-of-touch justices on the Kansas Supreme Court have cleared the way for the barbaric practice of dismemberment abortions and opened the door for even more extreme late-term abortions in our state. This ruling, which seeks to supersede federal law, also does not protect babies born alive after a botched abortion and must be challenged," said Rep. Estes. "Unborn and born-alive babies deserve protection under the law and I will continue to stand for life in our state and country."

Kansas State Treasurer Jake LaTurner made the following statement:
“This is one of the darkest days in our state’s history. The Kansas Supreme Court just abandoned vulnerable mothers and their children to the mercy of an unregulated abortion industry. This ruling is an abomination. I hope all Kansans will join Suzanne and I in praying for the lives that will be lost because of this ruling, and then let’s continue to work taking our state back from these unelected, liberal judges who do not represent the will of the people of Kansas,”

U.S. Senator Jerry Moran released the following statement after the Kansas Supreme Court announced its decision in Hodes & Nauser, MDs, PA, et al. v. Derek Schmidt, et al.:

“I am saddened by today's State Supreme Court decision. An unborn child is a distinct human being and our laws should defend its right to life. This decision underscores the urgent need for federal legislation that will protect innocent life at all stages, and I will continue working to see such legislation achieved.”

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