Kansas Supreme Court Overturns Abortion Law

On July 5, 2024, the Kansas Supreme Court struck down a series of abortion rules and restrictions, reaffirming its stance that the state constitution protects the right to end a pregnancy. The court's decision blocked enforcement of a 2015 law supported by Republican legislators that banned dilation and evacuation abortions, a common second-trimester procedure. The court ruled that the law, known as the Unborn Protection from Dismemberment Act, violated the Kansas Constitution Bill of Rights and impaired the right to abortion. This decision comes after Kansans rejected an amendment in 2022 that sought to remove abortion protections from the state constitution.

Kansas Supreme Court reaffirms abortion rights

On July 5, 2024, the Kansas Supreme Court reaffirmed abortion rights, striking down several abortion restrictions and ruling that the state's constitution protects the right to abortion. The decision came four years after the court first recognized that the state constitution protects abortion rights and two years after Kansans voted to protect that right. The ruling struck down a ban on dilation and evacuation (D&E) abortions, a common second-trimester procedure, and a series of burdensome and unnecessary abortion-specific clinic regulations.

The Kansas Supreme Court's decision was based on the state's constitution, which guarantees "equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness." The court interpreted this to include the fundamental right to abortion, stating 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." This conclusion reaffirmed the court's earlier recognition that abortion access is a matter of bodily autonomy and a "fundamental" right.

The rulings were a significant victory for abortion care advocates, such as the Center for Reproductive Rights, which brought the legal challenge that led to the 2019 decision. Nancy Northup, CRR's president, called the 2024 ruling 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." The decision was also applauded by Emily Wales, president and CEO of Comprehensive Health of Planned Parenthood Great Plains, who highlighted the importance of medical expertise in abortion care rather than dangerous, political restrictions.

The Kansas Supreme Court's decision is particularly notable as Kansas has become a crucial access point for abortion since the U.S. Supreme Court overturned the federal right to abortion in 2022. This has led to an influx of patients from states with more restrictive abortion laws, such as Oklahoma, Texas, and Missouri. The Kansas Supreme Court's rulings provide greater certainty for abortion providers and ensure that abortion remains accessible in the state.

However, the decision was met with criticism by proponents of stricter abortion laws, such as Steven Aden, chief legal officer at Americans United for Life, who disagreed with the court's interpretation of the state's constitution. Kansans for Life, the state's leading anti-abortion group, also expressed disappointment, stating that the court had overturned health and safety standards in abortion clinics.

Striking down of dilation and evacuation ban

On July 5, 2024, the Kansas Supreme Court struck down a series of abortion rules and restrictions, including a ban on dilation and evacuation abortions, a common second-trimester surgical procedure. The court's decision reaffirmed the right to abortion under the state's constitution and was a significant victory for abortion rights advocates in the state and the broader Midwestern region.

The dilation and evacuation ban, also known as the Unborn Protection from Dismemberment Act, was enacted in 2015 with Republican support. However, the Kansas Supreme Court ruled that it violated the Kansas Constitution Bill of Rights, which protects a fundamental right to personal autonomy, including a pregnant person's right to terminate a pregnancy. The court's decision was based on its earlier ruling in 2019, which upheld the right to abortion under a broader guarantee of bodily autonomy.

The dilation and evacuation procedure is typically used after approximately 14 to 15 weeks of pregnancy, and there are no reasonable alternatives during the second trimester. By striking down the ban, the court ensured that Kansans have access to the best abortion care available, as this procedure is considered the standard method for abortion after the first trimester.

The Kansas Supreme Court's decision was applauded by abortion rights advocates, who highlighted the increase in abortions in Kansas due to patients from neighbouring states with more restrictive abortion policies. The ruling also provided greater certainty for abortion providers in the state, allowing them to make decisions based on medical expertise rather than political restrictions.

However, proponents of stricter abortion laws, such as Kansans for Life, condemned the court's decision, arguing that it overturned health and safety standards in abortion clinics. The debate over abortion in Kansas has been ongoing for years, with the state becoming a crucial access point for abortion in the region since the U.S. Supreme Court overturned the federal right to abortion.

Abortion-specific clinic regulations

On July 5, 2024, the Kansas Supreme Court struck down a Republican-backed abortion second-trimester ban, affirming that the state's constitution protects abortion access. The court's ruling stated:

> The Kansas Constitution Bill of Rights protects a fundamental right to personal autonomy, which includes a pregnant person's right to terminate a pregnancy.

The ruling blocked the enforcement of a 2015 law, S.B. 95, known as the Unborn Protection from Dismemberment Act, which banned the common second-trimester abortion procedure of dilation and evacuation. The Court found that this law violated the Kansas Constitution Bill of Rights and impaired the right to abortion.

This decision is significant as it reaffirms the right to abortion in Kansas, which was previously recognised by the court in 2020. In 2022, Kansans also voted to protect this right, demonstrating their support for abortion rights. The ruling has been applauded by abortion care advocates, such as the Center for Reproductive Rights, who filed one of the cases on behalf of an abortion care provider.

Abortion clinic regulations have been a contentious issue in the United States, with states enacting Targeted Regulation of Abortion Providers (TRAP) laws that purportedly aim to ensure patient safety. However, leading medical groups argue that these laws do not improve safety and instead put women at risk by forcing the closure of women's health centres. As a result, access to safe and legal abortion care has become more difficult for women.

While all abortion regulations apply to abortion clinics, some states have regulations that go beyond what is necessary for patient safety. For example, some states require abortion facilities to maintain relationships with hospitals, giving hospitals effective veto power over abortion providers. Additionally, there are states that mandate that clinicians performing abortions have affiliations with local hospitals, setting standards that may be challenging to meet.

In summary, the Kansas Supreme Court's recent decision to strike down abortion restrictions aligns with the state's constitution and the right to abortion affirmed by Kansans in 2022. The ruling sends a strong message about protecting abortion access and ensuring the health, safety, and dignity of individuals seeking abortion care, particularly in the Midwestern region.

State constitution and abortion access

The legality of abortion and the restrictions imposed on the procedure vary significantly depending on the laws of each state or jurisdiction in the United States. While some states prohibit abortion entirely, others permit it up to a certain point in a woman's pregnancy, and some allow abortion throughout.

The Supreme Court's 1973 Roe v. Wade decision established a federal right to abortion, preventing states from banning abortion before the point of fetal viability. However, this ruling was overturned in 2022 by the Dobbs v. Jackson Women's Health Organization case, giving states the authority to impose any abortion regulations they deem appropriate, provided they do not conflict with federal law.

State constitutions and courts have become crucial in protecting abortion rights and access, especially in highly restrictive states. The Center for Reproductive Rights has worked for decades to build strong abortion protections at the state level, independent of federal law. Their efforts have resulted in broader protections and influenced other courts' decisions.

Kansas, for example, was the first state to vote on abortion rights after the 2022 Dobbs decision. Kansans overwhelmingly rejected an amendment that sought to remove abortion protections from the state constitution. On July 5, 2024, the Kansas Supreme Court reaffirmed the right to abortion under the state's constitution, striking down several abortion restrictions. The court ruled that the Kansas Constitution Bill of Rights protects a fundamental right to personal autonomy, which includes a pregnant person's right to terminate a pregnancy.

The Kansas Supreme Court's decision is a significant victory for abortion access, especially in the Midwestern region, where millions have been cut off from these services. It sets a precedent for other states to follow and reinforces the role of state constitutions and courts in safeguarding abortion rights and access.

With the absence of federal protection for abortion rights following the overturning of Roe v. Wade, state constitutions and courts have become critical in protecting and expanding abortion access. The Kansas Supreme Court's recent decision to strike down abortion restrictions reaffirms the state's commitment to abortion rights and sets a powerful example for other states to follow. As state laws and courts play an increasingly pivotal role in shaping abortion access, it is essential to monitor and advocate for protective measures that respect the autonomy and reproductive rights of individuals.

Abortion-related ballot measures

On August 2, 2022, Kansas voters defeated a ballot measure that would have stripped residents of abortion rights. The ballot measure was defeated by a 60-40 margin, with voters responding to an intense and costly campaign marked by dubious claims by amendment supporters and the unraveling of protections by the U.S. Supreme Court. The Kansas referendum was the first of five abortion-related ballot measures in the U.S. in 2022.

The question before voters was whether to end the right to abortion in Kansas by voting "yes" or preserve the right by voting "no." The proposed amendment was a reaction to a 2019 decision by the Kansas Supreme Court, which struck down a state law banning a common second-term abortion procedure. The court determined that the right to bodily autonomy in the state constitution's Bill of Rights includes the decision to terminate a pregnancy.

The defeat of the amendment means abortion will continue to be legal and heavily regulated in Kansas. The amendment's defeat also has political implications, with a governor's race and congressional seats on the ballot in November.

In 2024, 10 states will have abortion measures on their ballots, seeking to either affirm that the state constitution protects the right to abortion or that nothing in the constitution confers such a right. On July 5, 2024, the Kansas Supreme Court reaffirmed the right to abortion under the state's constitution, striking down several abortion restrictions. The court ruled that the Kansas Constitution Bill of Rights protects a fundamental right to personal autonomy, which includes a pregnant person's right to terminate a pregnancy.

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