— Kansas’ highest court on Friday struck down state laws regulating abortion providers more strictly than other health care professionals and banning a common second-trimester procedure, reaffirming its stance that the state constitution protects abortion access.
The panel found that the state had failed to meet “its evidentiary burden to show the Challenged Laws further its interests in protection of maternal health and regulation of the medical profession as it relates to maternal health,” Justice Melissa Standridge wrote in the majority opinion on the clinic regulations.
Kansas’ top court declared in a 2019 decision that abortion access is a matter of bodily autonomy and a “fundamental” right under the state constitution. Voters in August 2022 also decisively rejected a proposed amendment that would have explicitly declared abortion not a fundamental right and allowed state lawmakers to greatly restrict or ban it.
Abortion opponents argued ahead of the August 2022 vote that failing to change the state constitution would doom long-standing restrictions enacted under past GOP governors. Kansas saw a flurry of new restrictions under former Republican Gov. Sam Brownback from 2011 through 2018. According to state health department statistics, about 600 D&E procedures were done in Kansas in 2022, accounting for 5% of the state’s total abortions. About 88% of the state’s abortions occurred in the first trimester. The state has yet to release statistics for 2023.
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