Hodes & Nauser, MDs, P.A. v. SchmidtAnnotate this Case
The Supreme Court held that section 1 of the Kansas Constitution Bill of Rights protects a woman's right to an abortion, thus affirming the trial court's injunction temporarily enjoining the enforcement of S.B. 95, which bans dilation and evacuation abortions.
Plaintiffs, two abortion providers, challenged S.B. 95, which is now codified at Kan. Stat. Ann. 65-6741 through 65-6749, arguing that the law's restrictions violate sections 1 and 2 of the Kansas Constitution Bill of Rights because they infringe on the right to liberty. The district court granted Plaintiffs a temporary injunction, ruling that the "ban on the most common method of second-trimester abortion" is unconstitutional. The Court of Appeals affirmed. The Supreme Court affirmed the trial court's decision to impose the temporary injunction, holding (1) section 1 of the Kansas Constitution Bill of Rights protects a woman's right to determine whether to continue a pregnancy, and therefore, the State is prohibited from restricting that right unless it can show that it is doing so to further a compelling government interest and in a way that is narrowly tailored to that interest; and (2) Plaintiffs established that they were substantially likely to show that S.B. 95 impairs natural rights.