Top Kansas court rules state constitution protects abortion rights

(Reuters) – The Kansas Supreme Court ruled on Friday that the state’s constitution protects a woman’s right to an abortion and upheld an injunction blocking a state law that would have banned a common second trimester abortion procedure.

FILE PHOTO: An exam room at the Planned Parenthood South Austin Health Center is seen in Austin, Texas, U.S. June 27, 2016. REUTERS/Ilana Panich-Linsman

The ruling would protect the right to abortion in Kansas even if the conservative-leaning U.S. Supreme Court overturns Roe v Wade, the 1973 ruling that recognized a right to abortion in the U.S. Constitution.

Rulings by state appeals courts on state constitutional issues are not normally subject to U.S. Supreme Court review.

The state’s constitution protects “the right to control one’s own body, to assert bodily integrity, and to exercise self-determination,” wrote the court.

“This right allows a woman to make her own decisions regarding her body, health, family formation, and family life — decisions that can include whether to continue a pregnancy.”

The case stems from challenges to 2015 law that generally banned the dilation and evacuation procedure, which was termed “dismemberment abortion” by the supporters of the law. Kansas became the first state to ban the practice.

The plaintiffs in the case, Dr. Herbert Hodes and Dr. Traci Nauser, a father and daughter, run a clinic in Overland Park, that provides abortions.

Political leaders in the state were quick to praise or condemn the ruling.

“While federal law has long guaranteed every woman the right to make their own medical decisions in consultation with their healthcare providers, I’m pleased that the Kansas Supreme Court’s decision now conclusively respects and recognizes that right under Kansas law as well,” said Kansas Governor Laura Kelly, a Democrat.

“Today the liberal, activist Supreme Court showed just how out of touch they are with Kansas values,” said Susan Wagle, the Republican president of the state senate.

The ruling ensures a right to an abortion in Kansas unless the state amends its constitution. It also comes as more states adopt restrictions on abortion procedures.

Activists on both sides say laws restricting abortions, which are commonly blocked by courts, are aimed at getting a case to the U.S. Supreme Court, where conservatives hold a 5-4 majority.

U.S. President Donald Trump used his annual State of the Union speech in February to push lawmakers to adopt more restrictions on abortion.

On Thursday, a federal judge in Washington state blocked a Trump administration rule that would prohibit taxpayer-funded family planning clinics from referring patients to abortion providers.

Additional reporting by Jonathan Stempel in New York, Karen Pierog in Chicago, Lawrence Hurley in Washington and Nate Raymond in Boston; Editing by David Gregorio

Source

more recommended stories

  • FDA finds ‘significant violations’ at India’s Strides plant

    (Reuters) – The U.S. Food and.

  • U.N. wants more urgency in AIDS fight as gains and funding fade

    LONDON (Reuters) – The global fight.

  • Oklahoma seeks to hold J&J responsible for opioid crisis as trial ends

    NORMAN, Okla. (Reuters) – Lawyers for.

  • Healthy living may help offset genetic risk of dementia: study

    LONDON (Reuters) – Living healthily with.

  • Democrats take aim as Trump abandons drug pricing plan

    WASHINGTON (Reuters) – Democrats see U.S..

  • U.S. appeals court blocks Trump administration birth control exemptions

    (Reuters) – A federal appeals court.

  • China vows to tackle dead pig scam amid swine fever epidemic

    FILE PHOTO: Piglets are seen by.

  • Alberta joins Ontario in pulling some CannTrust weed products

    TORONTO (Reuters) – Alberta is placing.

  • Trump administration pushes U.S. at-home kidney care, transplant availability

    NEW YORK/WASHINGTON (Reuters) – The Trump.

  • U.S. appeals court signals sympathy to bid to strike down Obamacare

    NEW ORLEANS (Reuters) – A federal.

  • U.S. judge strikes down Trump administration rule requiring drug prices in TV ads

    (Reuters) – A federal judge on.

  • Intra-Cellular drug fails one of two bipolar depression studies; shares fall

    (Reuters) – Intra-Cellular Therapies Inc said.

  • China reports new African swine fever outbreak in Guangxi region

    BEIJING (Reuters) – China’s southwestern region.

  • Weed ban means no Rocky Mountain high for Canada’s Calgary Stampede

    CALGARY, Alberta (Reuters) – Canada’s Calgary.

  • Weightlifting better at reducing heart fat than aerobic exercise

    Obese people who engaged in resistance.

  • Sydney’s city council reviews use of Bayer’s Roundup weed killer amid cancer fears

    SYDNEY (Reuters) – Sydney’s city council.

  • Bulgaria confirms two cases of African swine fever

    SOFIA (Reuters) – Bulgaria has confirmed.

  • FDA approves Karyopharm Therapeutics’ blood cancer drug

    (Reuters) – The U.S. Food and.

  • Facebook to tackle content with misleading health claims

    FILE PHOTO: The Facebook logo is.

  • FDA ties three deaths to Edwards Lifesciences’ recalled heart devices

    (Reuters) – The U.S. Food and.

  • India asks its states not to partner with Philip Morris-funded foundation

    NEW DELHI (Reuters) – India’s health.

  • U.S. federal court delays adoption of healthcare rule on abortion

    FILE PHOTO – A imaging table.

  • China tightens vaccine management after scandals

    FILE PHOTO – A nurse prepares.

  • U.S wages lost to unpaid family care to hit $147 billion by 2050

    As the U.S. population ages, the.

  • U.S. ‘gag rule’ linked to 40% jump in abortions in parts of Africa

    LONDON (Reuters) – A decades-old U.S..

  • Study shows major real-world impact of cervical cancer vaccines

    LONDON, June 26 (Reuters) – Vaccination.

  • Glyphosate use will eventually end, Merkel says

    German Chancellor Angela Merkel attends a.

  • Unproven stem cell therapies often peddled by doctors without training

    At U.S. clinics advertising unproven stem.

  • Teleflex recalls breathing tubes worldwide after reports of 4 deaths

    (Reuters) – Teleflex Inc said on.

  • In border camps, Syrians rely on doctors in trucks and tents

    AZAZ, Syria (Reuters) – The Syrian.

  • Thailand bans pig imports from Laos after African swine fever outbreak

    BANGKOK (Reuters) – Thailand will ban.

  • FDA approves drug for loss of sexual desire in women

    (Reuters) – The U.S. drug regulator.