Kansas Supreme Court sets hearing for challenge to blocked dismemberment abortion ban

By Kathleen Ostrowski, Legislative Director, Kansans for Life

The Kansas Supreme Court announced Wednesday that it has scheduled oral arguments for 9 a.m. March 16, on a challenge to the first-in-the nation Unborn Child Protection from Dismemberment Abortion Act.

It’s been 11 months since the Kansas Supreme Court was first asked to review two lower court decisions that upheld a temporary injunction issued against the act in June 2015.

Shawnee District Judge Larry Hendricks was the first to rule in favor of a father /daughter abortion team, Herb Hodes & Traci Nauser, who had already sued two other state pro-life laws.

The second ruling was a split decision from the state Court of Appeals, which settled nothing.

While this matter proceeds, all three Hodes/Nauser lawsuits are on hold.

The case before the Kansas Supreme Court is more than just a ruling on one method of abortion. The lawsuit argues there is a right in the state Constitution that is more broad and extreme that the one created by Roe v. Wade. As described by one appellate court justice, G. Gordon Atcheson, the newly asserted state abortion right would undermine the Kansas pro-life protective laws currently allowable under Roe v Wade.

As reported in the Topeka Capitol Journal, Kansans for Life agrees with State Attorney General Derek Schmidt, that there is no such thing as a state constitutional right to abortion. When adopted in 1859, the Kansas Constitution it did not state, nor intend to create, a ‘right’ to abortion.

In fact, in that same year, just before the adoption of its Constitution, the Kansas state legislature passed a law making it a crime to kill an unborn child by abortion. This law was in effect for over 100 years.

The Lawrence Journal World described the issue that will on the docket in March as a legal challenge over a “law banning a certain type of abortion procedure commonly used in second-trimester abortions, a procedure that abortion opponents call ‘dismemberment abortions.’”

The AP Wire service was more clear when reporting that the case revolves around “a 2015 law that bans doctors from using forceps, tongs or other medical implements to dismember a fetus in the womb to complete an abortion.”

Planned Parenthood had this pat comment yesterday. “We’re hopeful the court will see this for what it is, which is politicians attempting to practice medicine and endangering women in the process.”

Pro-lifers are hoping the Court sees what is always very much overlooked in these reports — the innocent, fully-formed little human beings facing a torturous and unjustifiable death.

Where are the “liberty interests” of those little boys and girls?