Kansas Abortion Law Going Back to Court

Attorney General Derek Schmidt says that he will ask the Kansas Supreme Court to reconsider a 2019 ruling declaring access to abortion a “fundamental right” under the state constitution.

Schmidt filed a notice that he plans to appeal an April lower court ruling striking down a a Kansas law banning a second-trimester abortion procedure as “unconstitutional and unenforceable.”

Shawnee County District Judge Teresa Watson’s decision was the first on abortion from a lower court since the 2019 decision from the state’s highest court.

Kansas has been unable to enforce its ban on what the law calls “dismemberment abortion” since it was enacted in 2015 because of a lawsuit.

The Supreme Court’s decision came in that lawsuit, but the justices returned the case to district court for further review.

The Legislature has since approved a proposed amendment to the state constitution to overturn the decision.