Kansas Supreme Court is Wrong to Invalidate Pro-Life Laws

Last week we reported on the latest moves by the Kansas State Supreme Court to undo life-affirming protections for women and preborn babies – two laws lost in one day. Abortion clinic sanitation and safety standards Restrictions on live dismemberment abortions Both commonsense laws were passed on a bipartisan basis, receiving support from Republicans and […]

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Last week we reported on the latest moves by the Kansas State Supreme Court to undo life-affirming protections for women and preborn babies – two laws lost in one day.

• Abortion clinic sanitation and safety standards
• Restrictions on live dismemberment abortions

Both commonsense laws were passed on a bipartisan basis, receiving support from Republicans and Democrats in the legislature. Each was intended to provide accountability for the abortion industry and guardrails to protect women and preborn babies from its profit-driven business model.

Yet the latest Kansas Supreme Court rulings clearly show how extreme our courts have become. In simple terms, the court is “way out there” and seems to have fully lost its compass about its own purpose as guardian of the Kansas constitution.

During oral arguments of the live dismemberment case, Justice Dan Biles quietly acknowledged the court’s departure from longstanding interpretation of our state’s founding document while he pointed to the results of the 2022 amendment vote. Biles claimed it was clear voters wanted to leave in place the “recently recognized right to an abortion,” which the court itself created through its 2019 Hodes & Nauser v. Schmidt decision, “and a whole bunch of people voted,” said Biles.

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In response to Biles’ comments and other questioning, Solicitor General Anthony Powell argued for the state, saying the public vote should not be relevant to the state Supreme Court’s deliberation on these cases.

“As a matter of law, constitutional interpretation, a public vote doesn’t matter…,” Powell said. “The court is charged with reading the words of the constitution and interpreting according to what the words say.”

As we consider the current lack of protections for women from the abortion industry, troubling questions linger:

• Are women who are seeking abortions in Kansas being told that abortion facilities are not being inspected by the state and are not even required to be licensed? No.
• And are women traveling to Kansas hearing the news that one of the largest abortion facilities in the state was operating without a medical director for over a month? Most likely, they are not.

It is clear the abortion industry should not be left to police itself, and yet under the current abortion legal regime in Kansas, it is being allowed to do as it pleases.

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