Supreme Court ruling could open up more challenges to abortion regulation in Kansas
A long-awaited ruling from the Kansas Supreme Court could open door for challenges to existing abortion restrictions in the state, legal experts said Friday.
In a 6-1 decision, the court held that the Kansas constitution guarantees a woman’s right to terminate her pregnancy. The ruling is not a sweeping victory for abortion rights. State lawmakers are expected to return to Topeka next week to consider placing an anti-abortion constitutional amendment on a statewide ballot.
But for the time being, it does mean that lawmakers have a much higher bar to clear when it comes to regulating reproductive rights in Kansas.
“The government now has a heightened burden to show that that right can be interfered with,” said Robert Eye, a Lawrence attorney who has represented Kansas clinics and doctors.
“Now the balance tends to shift in favor of individual instead of the government.”
The ruling could trigger challenges to any of Kansas’ many abortion regulations, including requirements that a woman undergo an ultrasound, or receive state counseling 24 hours prior to the procedure . The state also prohibits the use of public funds for abortions.
Genevieve Scott, senior staff counsel for the Center for Reproductive rights, said the new ruling is “really going to call into question any restriction on access to abortion in the state.”
One example is an upcoming court decision on the legality of telemedical abortions, where a doctor authorizes a nurse to administer the abortion pill over the phone. Earlier this year, a district judge ruled that the state cannot outlaw the practice.
The state has appealed the decision. But the Kansas Court of Appeals is waiting for a ruling on another, similar case in Sedgwick County before it hears arguments.
Eye, who represents a Wichita clinic challenging the law, said Friday’s ruling could influence the outcome.
“The dust is going to have to settle to a certain extent,” he said, but added: “This is a ruling that could have far-reaching effects on reproductive rights on Kansas in a general sense.”
The ruling also means protection for abortion rights in Kansas should the 1973 Roe v. Wade decision be overturned by the United States Supreme Court. Under Roe, the court ruled that the Equal Protection Clause of the 14th amendment guarentees a women’s right to abortion.
The appointments of conservative Supreme Court Justices Neil Gorsuch and Brett Kavanaugh have raised alarms for abortion-rights advocates across the country. But even if Roe is overturned, the new ruling by the Kansas Supreme Court would uphold the right to abortion in Kansas.
“I’ve been concerned personally about Roe v. Wade being overturned since 1973,” Eye said. “It’s always been kind of vulnerable, but its vulnerability now is obviously heightened.”
Although the atmosphere among abortion rights advocates was celebratory Friday morning, the new ruling by no means settles the matter.
Anti-abortion lawmakers believe that a constitutional amendment would have the support of the people.
“For our highest court to find a right to abortion in the Kansas constitution is going to be sickening for a lot of the people of this state,” said Rep. Susan Humphries, R-Wichita. “I don’t think it’s over. I don’t think this is the final word.”
This story was originally published April 26, 2019 at 1:23 PM.
