Kansas high court hears abortion cases

TOPEKA, Kan. — Kansas’ Supreme Court is considering exactly how far the Republican-controlled Legislature can go in restricting abortion under a 2019 decision protecting abortion rights. The justices heard arguments from attorneys for Kansas and abortion providers in two lawsuits but isn’t likely to rule for months.

One lawsuit challenges a 2015 law banning a certain type of dilation and evacuation procedure. The other challenges a 2011 law that regulates abortion providers more strictly than other health care providers. Legal challenges have blocked both laws from being enforced.

Kansas is asking the state Supreme Court to overturn its 2019 decision, but the two cases also give the court the chance to narrow that ruling’s scope by upholding either or both laws.

The U.S. Supreme Court declared in June 2022 that the U.S. Constitution doesn’t protect abortion rights and states can ban abortion, but the Kansas court ruled in 2019 that access to abortion is protected as a matter of bodily autonomy under the state constitution.

That led to a proposed amendment voters rejected on last August’s ballot that would have allowed lawmakers to greatly restrict or ban abortion.

Solicitor General Tony Powell, representing the state, acknowledged that he was “boxed in” by the state’s failure to challenge much of the evidence presented by abortion providers to the trial court judge.

“We had a vote in August, and it was pretty overwhelming,” Justice Dan Biles said. “That’s the elephant in the room.”

Alice Wang, an attorney representing the abortion providers, said justices in 2019 “declined to recognize any compelling interest” in preserving life.

Kansas allows most abortions until the 22nd week of pregnancy.