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

FILE - 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.

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“The results were accepted by the people, and Kansas showed the world how things are done in a successful democracy,” wrote Wilson, an appointee of Democratic Gov. Laura Kelly, a strong abortion rights supporter.

“It hurts to say, ‘we told you so,’ to the many Kansans who were misled by the abortion industry’s assurances that it would still be ‘heavily regulated’ in our state if voters rejected the 2022 amendment,” Danielle Underwood, a spokesperson for Kansans for Life, the state's most influential anti-abortion group, said in a statement.

“Surely the government does not have a compelling interest in who trims my beard?” Stegall wrote. “Let the lawsuits commence in this new target-rich environment. The majority has — perhaps unwittingly — put the entire administrative state on the chopping block of strict scrutiny.” 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.

The other law struck down by the court would have banned a certain type of dilation and evacuation, also known as D&E. It was the first state ban of its kind when it was enacted in 2015.

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