July 7 (UPI) — The Kansas Supreme Court declared a series of decade-old abortion regulations unconstitutional.
The court’s 5-1 ruling Friday involves a 2015 law banning dilation and evacuation, which medical professionals argue is the safest and most common form of second-trimester abortion.
The high court ruled the state attorney general’s office could not show the law was narrowly tailored “to further a compelling state interest” and was therefore unconstitutional.
The decision reinforced the court’s opinion in 2019 that women had a fundamental right to bodily autonomy under Section 1 of the Kansas Constitution.
In a separate 5-1 opinion, the court threw out a series of licensing regulations for abortion clinics adopted in 2011 after determining the AG again failed to show that the law was narrowly tailored enough.
Among those restrictions was a law requiring a prescribing physician to be physically in the same room as a patient when an abortion-inducing drug is administered, except for in-hospital, induced-labor abortions and medical emergencies.
Justice Melissa Standridge, an appointee of Democratic Gov. Laura Kelly, authored the majority opinion, which included concurrences by Justices Evelyn Wilson, Eric Rose and Dan Biles.
“Our holding is supported by uncontroverted evidence in the record that affirmatively contradicts — for many provisions — the state’s claim that those provisions further the state’s identified compelling interests,” Standridge wrote. “Without this showing, the challenged laws do not survive strict scrutiny and are constitutionally infirm.”
Justice K.J. Wall recused himself from the rulings. Justice Caleb Stegall dissented on both decisions.
“The betrayal of this court’s promise of neutral, uniform and rational constitutional adjudication is as far-reaching as it is audacious,” Stegall wrote. “Its damaging impact on this institution’s legitimacy will be felt for years to come.”
Kansans in August 2022 voted against a proposed amendment to the state constitution that would have nullified the state Supreme Court’s 2019 ruling upholding women’s right to an abortion.
“Kansas voters made it loud and clear in 2022: the right to abortion must be protected. Now the Kansas Supreme Court has decisively reaffirmed that the state constitution protects abortion as a fundamental right,” Nancy Northup, president and CEO of the Center for Reproductive Rights said in a statement Friday.
“This is an immense victory for the health, safety and dignity of people in Kansas and the entire Midwestern region, where millions have been cut off from abortion access. We will continue our fight to ensure Kansans can access the essential healthcare they need in their home state.”
Anti-abortion organization Kansans for Life also issued a statement in response to Friday’s rulings.
“Extremely liberal judges of the Kansas Supreme Court have now overturned basic health and safety standards for abortion facilities,” said KFL spokesperson Danielle Underwood. “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.”
Former Republican Gov. Sam Brownback in 2011 signed Senate Bill 36, which expanded licensing regulations for abortion clinics and established harsh punishments for violators, but a district court judge in Topeka issued a temporary injunction barring implementation of the law.
Brownback and the Kentucky Legislature then altered abortion law in 2015 to persuade the district court to lift the injunction.
Friday’s decisions, however, upended both Brownback-era laws.
Several pro-abortion groups, meanwhile are challenging more recent laws passed by the state Legislature. The Center for Reproductive Rights and Planned Parenthood are fighting a law requiring care providers to give patients what they argue is medically inaccurate information before having an abortion.
Among the statements are that abortion poses a “risk of premature birth in future pregnancies” and “risk of breast cancer.”
Plaintiffs also are challenging House Bill 2749, which requires medical facilities and providers to report a woman’s reason for having an abortion. Kelly vetoed the bill, but the Legislature overrode her with a House vote of 84-41 and a Senate vote of 27-10.
