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Tue Aug 8, 2023, 08:35 PM Aug 2023

Johnson County judge appears skeptical that Kansas abortion restrictions are constitutional

Johnson County judge appears skeptical that Kansas abortion restrictions are constitutional


A Johnson County judge appeared skeptical Tuesday that a Kansas law imposing a 24-hour waiting period on women seeking abortions in Kansas would stand up to standards established by the state’s constitutional right to an abortion.

Judge Christopher Jayaram, who was appointed by Democratic Gov. Laura Kelly in 2021, heard arguments from attorneys representing Kansas Attorney General Kris Kobach and a pair of Kansas abortion providers, including Planned Parenthood. Tuesday’s hearing focused on the providers’ effort to block enforcement of the Women’s Right to Know Act while their lawsuit seeking the total overturning of the law moves through court.

The case will play a key role in determining the bounds of Kansas abortion law in the post-Roe era. Kansas has established itself as a key access point for abortion since voters last year overwhelmingly voted to retain the state-level right to an abortion.

The state constitution places an extremely high bar on any abortion restrictions requiring evidence that the restrictions are narrowly designed to serve a compelling state interest.

The results of the case could send a signal to lawmakers about how far they can go in regulating and restricting the procedure beyond rules applied to other medical care.
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