AG asks Kansas Supreme Court to pause abortion case pending vote on “Value Them Both” constitutional amendment

Kansas Attorney General Derek Schmidt asked the Kansas Supreme Court last week to put on hold further proceedings in an appeal regarding regulation of abortion in Kansas pending the outcome of the August 2022 vote on the “Value Them Both” constitutional amendment.

Kansas Attorney General Derek Schmidt

Schmidt filed the motion this week in the appeal of Hodes & Nauser v Schmidt.

In 2019, the Kansas Supreme Court found a previously undiscovered right to abortion in the state constitution. Legislators responded earlier this year by placing before Kansas voters a proposed amendment to the Kansas Constitution that would reverse that ruling.

“Proceeding with this appeal while a vote on the Value Them Both Amendment is pending risks needlessly wasting the time and resources of the parties and this Court. In addition, it is unlikely that this appeal will conclude before the August 2, 2022, election in any event,” Schmidt wrote the court. “If the Value Them Both Amendment is adopted, any additional proceedings will have been for nothing. A stay of proceedings is in the interest of judicial economy and would allow the people of Kansas to express their will on this important constitutional question before potentially unnecessary litigation occurs.”