Kansas Supreme Court Strikes Down Two Anti-Abortion Laws

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Abortion News

Kansas,Kris Kobach

The pair of 5-1 decisions suggests that other abortion restrictions — even ones decades on the books — might not withstand legal challenges.

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.

Neither law struck down by the court had been enforced because of the lawsuits against them by abortion providers. 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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