Supreme Court of Kansas
Hodes & Nauser, MDs v. Stanek
July 5, 2024551 P.3d 62
Summary
The court affirmed summary judgment declaring Kansas abortion-facility licensing statutes and regulations unconstitutional and permanently enjoining their enforcement. It held that the laws actually infringed the fundamental right to abortion protected by section 1 of the Kansas Constitution, triggering strict scrutiny, and that the State failed to present evidence that the requirements furthered its asserted interests in maternal health or medical-profession regulation. The court also declined to sever the statutory scheme and did not reach the alternative equal-protection ruling.