By John Hanna, Associated PressFILE - Kansas Attorney General Kris Kobach, left, and Erin Hawley, Alliance Defending Freedom Senior Counsel, speak to each other outside the Supreme Court after the Court heard oral arguments, Tuesday, March 26, 2024, in Washington.
The decisions came almost two years after an August 2022 statewide vote decisively affirming abortion rights, the first such vote after the U.S. Supreme Court’s Dobbs decision in June 2022 that allowed states to ban abortion altogether. Kansas voters rejected a proposed change in the state constitution approved by the Republican-controlled Legislature to declare that the document provides no right to abortion.
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.