Kansas’ top court bolsters a state right to abortion and strikes down 2 anti-abortion laws

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TOPEKA, Kan.

— Kansas’ highest court strongly reaffirmed Friday that the state constitution protects abortion access, striking down a ban on a common second-trimester procedure and laws regulating abortion providers more strictly than other health care providers.

Republican Attorney General Kris Kobach's office had argued that the 2022 vote didn’t matter in determining whether the two laws could stand. But Justice Evelyn Wilson, one of three justices appointed to the seven-member court after its landmark 2019 decision, said that while she might have dissented then, “The people spoke with their votes.”

Friday's rulings will be felt far outside Kansas since it has attracted thousands of patients from states where abortion is all but banned, most notably Oklahoma and Texas. The Guttmacher Institute, which supports abortion rights, projected last month that about 20,000 abortions were performed in Kansas in 2023 or 152% more than in 2020.

In his dissenting opinion in the clinic regulations case, Stegall said the majority’s actions will damage the court’s legitimacy “for years to come.” He said its declarations about bodily autonomy could affect a “massive swath” of health and safety regulations outside abortion, including licensing requirements for barbers.

The health and safety rules aimed specifically at abortion providers were enacted in 2011. Supporters said they would protect women’s health — though there was no evidence provided then that such rules elsewhere had led to better health outcomes. Providers said the real goal was to force them out of business.

 

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