Kansas’ top court rejects 2 anti-abortion laws, bolstering a state right to abortion access
TOPEKA, Kan. (AP) — Kansas’ highest court on Friday struck down state laws regulating abortion providers more strictly than other health care professionals and a ban on a common second-trimester procedure, reaffirming its stance that the state constitution protects abortion access.
“We stand by our conclusion that section 1 of the Kansas Constitution Bill of Rights protects a fundamental right to personal autonomy, which includes a pregnant person’s right to terminate a pregnancy,” Justice Eric Rosen wrote for the majority in overturning the ban on a certain type of dilation and evacuation, also known as D&E.
In striking down the law on clinic regulations, the panel found that the state had failed to meet “its evidentiary burden to show the Challenged Laws further its interests in protection of maternal health and regulation of the medical profession as it relates to maternal health.”
The Kansas Supreme Court’s 5-1 rulings in two separate cases signal that the state’s Republican-controlled Legislature faces stricter limits on regulating abortion than GOP lawmakers thought and suggests other restrictions could fall. Lawsuits in lower state courts already are challenging restrictions on medication abortions, a ban on doctors using teleconferences to meet with patients, rules for what doctors must tell patients before an abortion and a requirement that patients wait 24 hours after receiving information about a procedure to terminate their pregnancies.
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