Abortion rights supporters react to the failure of an anti-choice state constitutional amendment in Overland Park, Kansas on August 2, 2022.
Kansas Supreme Court Affirms Abortion Rights, Strikes Down Restrictions
"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," said one advocate.
Reproductive rights defenders on Friday cheered a pair of Kansas Supreme Court decisions reaffirming the right to abortion and striking down various restrictions—rulings expected to impact people beyond the Midwestern state, given how many patients must now travel for care.
"The state devoted much of its brief to inviting us to reverse our earlier ruling in this case that the Kansas Constitution protects a right to abortion. We decline the invitation," Justice Eric Rosen wrote in the decision against Senate Bill 95, which outlawed a common abortion procedure for second-trimester pregnancies called dilation and evacuation (D&E).
Rosen was referring to the court's 2019 ruling that "Section 1 of the Kansas Constitution Bill of Rights affords protection of the right of personal autonomy," which "allows a woman to make her own decisions regarding her body, health, family formation, and family life—decisions that can include whether to continue a pregnancy."
The justice wrote Friday that "S.B. 95 does not further patient safety, it compromises patient safety," noting that "as the district court found and the state did not contest, S.B. 95 eliminates a safe and common medical procedure and leaves patients subject to procedures that are rarely used, are untested, and are sometimes more dangerous or impossible."
The court's other new ruling was about what critics call targeted restrictions on abortion providers (TRAP) policies. Both decisions were 5-1—with Justice Stegall Caleb dissenting and Justice K.J. Wall not participating—and followed Kansas voters rejecting a proposed anti-choice amendment to the state constitution in August 2022.
"Now the Kansas Supreme Court has decisively reaffirmed that the state constitution protects abortion as a fundamental right."
"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," said Nancy Northup, president and CEO of the Center for Reproductive Rights, which was involved with both cases.
"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," Northup added. "We will continue our fight to ensure Kansans can access the essential healthcare they need in their home state."
The anti-choice ballot measure's failure two years ago came shortly after the U.S. Supreme Court's right-wing supermajority reversed Roe v. Wade with Dobbs v. Jackson Women's Health Organization—which bolstered GOP efforts to further restrict reproductive rights at the state level, forcing patients to more frequently travel for abortion care.
Kansas allows abortion care up until 22 weeks of pregnancy and has seen an influx of healthcare refugees from states that have imposed bans. The Guttmacher Institute said last month that "in Kansas, clinic numbers increased by 50% (from four to six) between 2020 and 2023, and the number of abortions rose by 152% (an increase of 12,440)."
Despite the fresh wins in court, the broader battle for reproductive freedom continues in Kansas. As KMUW reported Friday:
Several new abortion laws took effect in Kansas earlier this week, but one of them—a law requiring doctors to ask patients getting abortions their reason for doing so—is being challenged in court. A Johnson County judge said Monday that doctors could add the law to a larger lawsuit they brought against a handful of older state abortion restrictions, including a 24-hour waiting period. The judge agreed to temporarily block the older laws while the case proceeds.
The Kansas Department of Health and Environment told providers it will "not, for now" enforce the abortion reasons law, providers said Monday. The health department has not responded to requests seeking to confirm that.
The Center for Reproductive Rights noted Friday that it "is currently representing abortion providers in another ongoing challenge to several onerous restrictions including a law forcing providers to falsely tell their patients that a medication abortion can be 'reversed,' an unproven claim not based on medicine or science."
Urgent. It's never been this bad.
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission from the outset was simple. To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It’s never been this bad out there. And it’s never been this hard to keep us going. At the very moment Common Dreams is most needed and doing some of its best and most important work, the threats we face are intensifying. Right now, with just four days to go in our Spring Campaign, we are not even halfway to our goal. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Can you make a gift right now to make sure Common Dreams not only survives but thrives? There is no backup plan or rainy day fund. There is only you. —Craig Brown, Co-founder |
Reproductive rights defenders on Friday cheered a pair of Kansas Supreme Court decisions reaffirming the right to abortion and striking down various restrictions—rulings expected to impact people beyond the Midwestern state, given how many patients must now travel for care.
"The state devoted much of its brief to inviting us to reverse our earlier ruling in this case that the Kansas Constitution protects a right to abortion. We decline the invitation," Justice Eric Rosen wrote in the decision against Senate Bill 95, which outlawed a common abortion procedure for second-trimester pregnancies called dilation and evacuation (D&E).
Rosen was referring to the court's 2019 ruling that "Section 1 of the Kansas Constitution Bill of Rights affords protection of the right of personal autonomy," which "allows a woman to make her own decisions regarding her body, health, family formation, and family life—decisions that can include whether to continue a pregnancy."
The justice wrote Friday that "S.B. 95 does not further patient safety, it compromises patient safety," noting that "as the district court found and the state did not contest, S.B. 95 eliminates a safe and common medical procedure and leaves patients subject to procedures that are rarely used, are untested, and are sometimes more dangerous or impossible."
The court's other new ruling was about what critics call targeted restrictions on abortion providers (TRAP) policies. Both decisions were 5-1—with Justice Stegall Caleb dissenting and Justice K.J. Wall not participating—and followed Kansas voters rejecting a proposed anti-choice amendment to the state constitution in August 2022.
"Now the Kansas Supreme Court has decisively reaffirmed that the state constitution protects abortion as a fundamental right."
"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," said Nancy Northup, president and CEO of the Center for Reproductive Rights, which was involved with both cases.
"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," Northup added. "We will continue our fight to ensure Kansans can access the essential healthcare they need in their home state."
The anti-choice ballot measure's failure two years ago came shortly after the U.S. Supreme Court's right-wing supermajority reversed Roe v. Wade with Dobbs v. Jackson Women's Health Organization—which bolstered GOP efforts to further restrict reproductive rights at the state level, forcing patients to more frequently travel for abortion care.
Kansas allows abortion care up until 22 weeks of pregnancy and has seen an influx of healthcare refugees from states that have imposed bans. The Guttmacher Institute said last month that "in Kansas, clinic numbers increased by 50% (from four to six) between 2020 and 2023, and the number of abortions rose by 152% (an increase of 12,440)."
Despite the fresh wins in court, the broader battle for reproductive freedom continues in Kansas. As KMUW reported Friday:
Several new abortion laws took effect in Kansas earlier this week, but one of them—a law requiring doctors to ask patients getting abortions their reason for doing so—is being challenged in court. A Johnson County judge said Monday that doctors could add the law to a larger lawsuit they brought against a handful of older state abortion restrictions, including a 24-hour waiting period. The judge agreed to temporarily block the older laws while the case proceeds.
The Kansas Department of Health and Environment told providers it will "not, for now" enforce the abortion reasons law, providers said Monday. The health department has not responded to requests seeking to confirm that.
The Center for Reproductive Rights noted Friday that it "is currently representing abortion providers in another ongoing challenge to several onerous restrictions including a law forcing providers to falsely tell their patients that a medication abortion can be 'reversed,' an unproven claim not based on medicine or science."
- Defend Direct Democracy to Save Abortion Access ›
- Post-Dobbs Bans Leave 14 States With No Abortion Clinics ›
- Opinion | Libraries: the Frontline in the Fight for Abortion Access—and Against Misinformation | Common Dreams ›
- Opinion | After an Abortion Provider’s Murder, Clinics Became Safer; Let’s Not Undo That Progress | Common Dreams ›
Reproductive rights defenders on Friday cheered a pair of Kansas Supreme Court decisions reaffirming the right to abortion and striking down various restrictions—rulings expected to impact people beyond the Midwestern state, given how many patients must now travel for care.
"The state devoted much of its brief to inviting us to reverse our earlier ruling in this case that the Kansas Constitution protects a right to abortion. We decline the invitation," Justice Eric Rosen wrote in the decision against Senate Bill 95, which outlawed a common abortion procedure for second-trimester pregnancies called dilation and evacuation (D&E).
Rosen was referring to the court's 2019 ruling that "Section 1 of the Kansas Constitution Bill of Rights affords protection of the right of personal autonomy," which "allows a woman to make her own decisions regarding her body, health, family formation, and family life—decisions that can include whether to continue a pregnancy."
The justice wrote Friday that "S.B. 95 does not further patient safety, it compromises patient safety," noting that "as the district court found and the state did not contest, S.B. 95 eliminates a safe and common medical procedure and leaves patients subject to procedures that are rarely used, are untested, and are sometimes more dangerous or impossible."
The court's other new ruling was about what critics call targeted restrictions on abortion providers (TRAP) policies. Both decisions were 5-1—with Justice Stegall Caleb dissenting and Justice K.J. Wall not participating—and followed Kansas voters rejecting a proposed anti-choice amendment to the state constitution in August 2022.
"Now the Kansas Supreme Court has decisively reaffirmed that the state constitution protects abortion as a fundamental right."
"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," said Nancy Northup, president and CEO of the Center for Reproductive Rights, which was involved with both cases.
"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," Northup added. "We will continue our fight to ensure Kansans can access the essential healthcare they need in their home state."
The anti-choice ballot measure's failure two years ago came shortly after the U.S. Supreme Court's right-wing supermajority reversed Roe v. Wade with Dobbs v. Jackson Women's Health Organization—which bolstered GOP efforts to further restrict reproductive rights at the state level, forcing patients to more frequently travel for abortion care.
Kansas allows abortion care up until 22 weeks of pregnancy and has seen an influx of healthcare refugees from states that have imposed bans. The Guttmacher Institute said last month that "in Kansas, clinic numbers increased by 50% (from four to six) between 2020 and 2023, and the number of abortions rose by 152% (an increase of 12,440)."
Despite the fresh wins in court, the broader battle for reproductive freedom continues in Kansas. As KMUW reported Friday:
Several new abortion laws took effect in Kansas earlier this week, but one of them—a law requiring doctors to ask patients getting abortions their reason for doing so—is being challenged in court. A Johnson County judge said Monday that doctors could add the law to a larger lawsuit they brought against a handful of older state abortion restrictions, including a 24-hour waiting period. The judge agreed to temporarily block the older laws while the case proceeds.
The Kansas Department of Health and Environment told providers it will "not, for now" enforce the abortion reasons law, providers said Monday. The health department has not responded to requests seeking to confirm that.
The Center for Reproductive Rights noted Friday that it "is currently representing abortion providers in another ongoing challenge to several onerous restrictions including a law forcing providers to falsely tell their patients that a medication abortion can be 'reversed,' an unproven claim not based on medicine or science."
- Defend Direct Democracy to Save Abortion Access ›
- Post-Dobbs Bans Leave 14 States With No Abortion Clinics ›
- Opinion | Libraries: the Frontline in the Fight for Abortion Access—and Against Misinformation | Common Dreams ›
- Opinion | After an Abortion Provider’s Murder, Clinics Became Safer; Let’s Not Undo That Progress | Common Dreams ›