The pair of 5-1 decisions suggests that other restrictions — even ones decades on the books — might not withstand legal challenges. The court’s dissenting justice, widely seen as its most conservative, warned that Kansas is headed toward “a legal regime of unrestricted access to abortion.”
“This is an immense victory for the health, safety, and dignity of people in Kansas and the entire Midwestern region, where millions have been cut off from abortion access,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, which represented the abortion providers challenging the two laws.
The decisions came almost two years after an August 2022 statewide vote decisively affirming abortion rights, the first such vote after the U.S. Supreme Court’s Dobbs decision in June 2022 that allowed states to ban abortion altogether. Kansas voters rejected a proposed change in the state constitution approved by the Republican-controlled Legislature to declare that the document provides no right to abortion.
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