Disgusting: Kansas Supreme Court Makes Shock Pro-Abortion Decision
In the latest legal setback for a state law restricting abortion, the Kansas Supreme Court delivered a ruling against a law which would have prohibited certain second-term terminations.
Perhaps most ominously for pro-life advocates, the court affirmed for the first time that the state constitution protects the right of a woman to have an abortion.
According to Fox News, the bill was called the Kansas Unborn Child Protection from Dismemberment Abortion Act — so called because the procedure in question, dilation and evacuation abortions, can potentially involve removing the child from the womb in pieces with forceps. The bill banned said abortions except in cases where the life of the mother is in danger.
“Among the rights [in the state constitution] is the right of personal autonomy,” the 6-1 ruling from the court read.
“Section 1 of the Kansas Constitution Bill of Rights affords protection of the right of personal autonomy, which includes the ability to control one’s own body, to assert bodily integrity, and to exercise self-determination. 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.”
Section 1, in its entirety, reads that “All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.”
“When common-law terms are used in the Kansas Constitution Bill of Rights, courts should look to common-law definitions for their meaning,” the ruling read. “The recognition of inalienable natural rights in section 1 of the Kansas Constitution Bill of Rights is intended for all Kansans, including pregnant women.”
Kansas’ Supreme Court has previously passed on questions of constitutionality under state law, according to WDAF-TV.
Democrat Gov. Laura Kelly hailed 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,” Kelly said.
However, Republican state Sen. Susan Wagle blasted the court’s decision.
“Today, the liberal, activist Supreme Court showed just how out of touch they are with Kansas values,” she said in a statement. “Their refusal to acknowledge that life in the womb, ordained by our creator and recognized by our medical community, as a separate life and should be protected by our laws.
“Nowhere in our state constitution is there a right to the violent act of abortion. Instead, our protected inalienable rights include the right to life, liberty and the pursuit of happiness.”
Nowhere in our state constitution is there a right to the violent act of abortion. Instead, our protected inalienable rights include the right to life, liberty, and the pursuit of happiness. #ksleg pic.twitter.com/qUwUMr1YCv
— Susan Wagle (@SenatorWagle) April 26, 2019
The court’s decision is important in a larger sense: It happens amid a renewed debate at the state level over abortion, a debate which will likely end up before the Supreme Court and could radically change case law on the issue.
On the restriction end, states such as Georgia, Mississippi and Ohio have seen fetal heartbeat bills either passed by the legislature or signed into law; the legislation would ban abortion after a heartbeat is detected, which can happen as early as six weeks into a pregnancy. One of these laws is likely to turn up before the Supreme Court, meaning that abortion-rights decisions such as Roe v. Wade, Whole Woman’s Health v. Hellerstedt or Planned Parenthood v. Casey could be altered or invalidated.
If they are, you have states on the other end of the spectrum that have moved to codify abortion rights into state law. The most prominent example is New York, which moved to pass a wide array of protections for abortion after Brett Kavanaugh was confirmed to the Supreme Court. The most controversial of these included protecting the right to abortion up until the moment of birth — a move which led to an outcry among conservatives and pro-life activists.
Whether Kansas’ law ends up before the Supreme Court is anyone’s guess. For now, proponents of the bill are seeking to amend the state constitution, according to WDAF-TV. Indeed, lawmakers in the state have previously introduced an amendment that would effectively ban all abortions after fertilization, though it faces heavy opposition.
At the moment, however, the law seems to be dead — something that won’t sit well with state Republicans or pro-life activists.
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