Hodes & Nauser, MDs, P.A. v. Schmidt
Kansas Supreme Court
440 P.3d 461 (2019)
- Written by Deanna Curl, JD
Facts
In 2015, the Kansas legislature passed S.B. 95, a law that banned the dilation and evacuation (D and E) abortion procedure. The law contained exceptions that allowed the procedure to be performed when necessary to save the life of the pregnant woman or to prevent substantial and irreversible impairment of a major bodily function. Kansas doctors who performed abortions (the doctors) (plaintiffs) challenged the constitutionality of S.B. 95 under the Kansas Constitution. Evidence presented in the trial court established that the D and E procedure was the most common and safest abortion procedure available for second-trimester abortions. The trial court applied an undue-burden standard of review and enjoined enforcement of S.B. 95. The appellate court upheld the ruling, and the state (defendant) appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Dissent (Stegall, J.)
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