Supreme Court of Kansas
Hodes & Nauser, MDs v. Kobach
July 5, 2024551 P.3d 37
Summary
The court affirmed summary judgment declaring S.B. 95 unconstitutional because the statute impairs the fundamental right to terminate a pregnancy protected by section 1 of the Kansas Constitution and cannot satisfy strict scrutiny. The State failed to establish that the ban was narrowly tailored to any compelling interest, particularly because it was underinclusive and unsupported by actual evidence. The court also declined to reconsider its prior determination recognizing the constitutional right under the law-of-the-case doctrine.