Kansas high court signals continued abortion rights support
Legal Business News
Kansas’ highest court signaled Monday that it still considers access to abortion a “fundamental” right under the state constitution, as an attorney for the state argued that a decisive statewide vote last year affirming abortion rights “doesn’t matter.”
The state Supreme Court is considering exactly how far the Republican-controlled Legislature can go in restricting abortion under a 2019 decision protecting abortion rights. The justices heard arguments from attorneys for Kansas and abortion providers in two lawsuits but isn’t likely to rule for months.
One lawsuit challenges a 2015 law banning a common second-trimester abortion procedure, and the other challenges a 2011 law that regulates abortion providers more strictly than other health care providers. Legal challenges have blocked both laws from being enforced.
The U.S. Supreme Court declared in June 2022 that the U.S. Constitution doesn’t protect abortion rights and that states can ban abortion, but the Kansas court had ruled in 2019 that access to abortion is protected as a matter of bodily autonomy under the state constitution. That led the Legislature to put a proposed amendment on last August’s ballot asking voters whether to lift that constitutional protection, which would have allowed lawmakers to greatly restrict or ban abortion. Voters soundly rejected the measure.
But Kansas Solicitor General Tony Powell, representing the state, told the court that last year’s vote “doesn’t matter” and shouldn’t factor into its decisions on the two lawsuits, arguing that voters might not have wanted abortion banned but still favor “reasonable” restrictions. He said the justices should “let the people work it out” through their elected representatives.
Related listings
-
Executive gets 15 months in prison in doomed nuclear project
Legal Business News 03/12/2023A former executive utility who gave rosy projections on the progress of two nuclear power plants in South Carolina while they were hopelessly behind will spend 15 months in prison for the doomed project that cost ratepayers billions of dollars.Ex-SCA...
-
UK couple to remain jailed after baby’s remains found in bag
Legal Business News 02/28/2023A couple whose disappearance sparked a nationwide search in England were ordered to remain in custody Friday after evidence presented during a court hearing revealed that the remains of an infant were found in a garden shed close to where the pair we...
-
Judge: Banning guns for marijuana users unconstitutional
Legal Business News 02/07/2023A federal judge in Oklahoma has ruled that a federal law prohibiting people who use marijuana from owning firearms is unconstitutional, the latest challenge to firearms regulations after the U.S. Supreme Court’s conservative majority set new st...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.