Prime Kansas courtroom guidelines state structure protects abortion rights
(Reuters) – The Kansas Supreme Courtroom dominated on Friday that the state’s structure protects a girl’s proper to an abortion and upheld an injunction blocking a state regulation that might have banned a standard second trimester abortion process.
FILE PHOTO: An examination room on the Deliberate Parenthood South Austin Well being Middle is seen in Austin, Texas, U.S. June 27, 2016. REUTERS/Ilana Panich-Linsman
The ruling would defend the fitting to abortion in Kansas even when the conservative-leaning U.S. Supreme Courtroom overturns Roe v Wade, the 1973 ruling that acknowledged a proper to abortion within the U.S. Structure.
Rulings by state appeals courts on state constitutional points will not be usually topic to U.S. Supreme Courtroom assessment.
The state’s structure protects “the right to control one’s own body, to assert bodily integrity, and to exercise self-determination,” wrote the courtroom.
“This right 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 case stems from challenges to 2015 regulation that typically banned the dilation and evacuation process, which was termed “dismemberment abortion” by the supporters of the regulation. Kansas turned the primary state to ban the apply.
The plaintiffs within the case, Dr. Herbert Hodes and Dr. Traci Nauser, a father and daughter, run a clinic in Overland Park, that gives abortions.
Political leaders within the state have been fast to reward or condemn the ruling.
“While federal law has long guaranteed every woman the right to make their own medical decisions in consultation with their healthcare providers, I’m pleased that the Kansas Supreme Court’s decision now conclusively respects and recognizes that right under Kansas law as well,” mentioned Kansas Governor Laura Kelly, a Democrat.
“Today the liberal, activist Supreme Court showed just how out of touch they are with Kansas values,” mentioned Susan Wagle, the Republican president of the state senate.
The ruling ensures a proper to an abortion in Kansas until the state amends its structure. It additionally comes as extra states undertake restrictions on abortion procedures.
Activists on either side say legal guidelines proscribing abortions, that are generally blocked by courts, are geared toward getting a case to the U.S. Supreme Courtroom, the place conservatives maintain a 5-Four majority.
U.S. President Donald Trump used his annual State of the Union speech in February to push lawmakers to undertake extra restrictions on abortion.
On Thursday, a federal choose in Washington state blocked a Trump administration rule that might prohibit taxpayer-funded household planning clinics from referring sufferers to abortion suppliers.
Further reporting by Jonathan Stempel in New York, Karen Pierog in Chicago, Lawrence Hurley in Washington and Nate Raymond in Boston; Enhancing by David Gregorio