Kansas Supreme Court Affirms Abortion Rights, Strikes Down Restrictions

skews13

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Mar 18, 2017
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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 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."


Hows all that winning working out for you Heritage Foundation?
 
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 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."


Hows all that winning working out for you Heritage Foundation?

It’s great! Back when Dobbs was decided everyone was all up in their air “abortion bans nationwide” they exclaimed! I said “give it a bit and the people will make their states decide what they want”, and lo and behold, look what’s happening…states are deciding.

Now, don’t you think states rights is better than letting the courts decide it? It COULD be a nationwide ban, if left to the scotus..instead they said “we don’t want this power, let the states decide”. And now states are starting to listen to their voters..
 
It seems that the same flawed logic used in the Roe v. Wade is once again rearing its ugly head. In that decision, the US Supreme Court found that States could not restrict an abortion if that procedure was safer than going ahead with a full term pregnancy. However, the Court also found that States could restrict abortions after the point of fetal viability.

As late abortions became safer and fetal viability became earlier, this lead to the later observation by Justice O'Connor that the decision was "on a collision course with itself." This inherent contradiction resulted in the de facto legalization of all abortions up to the point of birth in the delivery room.

Fortunately, the Supreme Court eventually reversed this flawed decision. Unfortunately, the Kansas Supreme Court has once again elevated the safety of an abortion procedure over the rights of a viable human fetus waiting to escape its biological bondage within a maternal host. Apparently, it was not inclined to reconsider its previous decision made before Roe v. Wade was thrown out.
 
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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 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."


Hows all that winning working out for you Heritage Foundation?
Were you in search of a place to end your pregnancy?
 

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