Hodes & Nauser v. Kobach; Hodes & Nauser v. Stanek
Affirmed district court’s grant of summary judgment in favor of health care providers and said that a near-total ban on a common method of second trimester abortion, called a dilation and evacuation, violated the section 1 of the Kansas Constitution Bill of Rights, which protects a right to personal autonomy. In a second opinion, applying strict scrutiny, found unconstitutional additional licensing requirements for physicians who provide abortions than required for other providers.
Related Commentary
The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.
Kansas’s Constitution Is a Source of Expanded Rights
Kansans enjoy broad rights to bear arms, reproductive autonomy, and education.
An Eventful Summer for State Constitutional Abortion Rights Litigation
State supreme courts addressed abortion rights head on, even as the U.S. Supreme Court punted on similar questions.
Kansas Supreme Court Reaffirms State Constitutional Right to Abortion
The court declined to overturn its recent holding that abortion is protected by the state constitution’s right to personal autonomy.