A Kansas judge has temporarily halted a new state law on medication abortions and blocked older restrictions that have long dictated what providers must disclose to patients and enforced a 24-hour waiting period for ending pregnancies. This ruling is seen as a significant win for abortion rights advocates in Kansas, following a statewide vote in August 2022 that solidified protections for abortion access under the state constitution.
District Judge K. Christopher Jayaram’s order suspends several long-standing restrictions, including the waiting period that has been in place since 1997. In his 92-page order, Jayaram acknowledged the deeply held beliefs on both sides of the abortion debate but emphasized that the state’s ability to legislate in accordance with its own moral convictions is limited by the Kansas Constitution and its Bill of Rights.
The judge’s order will remain in effect until the trial scheduled for the end of June 2024 regarding a lawsuit filed by abortion providers against state officials responsible for enforcing abortion restrictions. The providers filed their case in Johnson County, home to two abortion clinics.
This legal battle underscores the significance of state courts in preserving access to abortion, particularly after the U.S. Supreme Court’s decision in Dobbs v. Jackson, which ended federal protections for abortion and enabled states to ban the procedure. In Texas, a judge recently ruled that the state’s abortion ban was overly restrictive, and the Utah Supreme Court is considering whether to lift a hold on a state law that bans most abortions.
Kansas has stood out among states with Republican-controlled legislatures regarding abortion. In 2019, the state Supreme Court declared that the Kansas Constitution safeguards the right to bodily autonomy and consequently guarantees access to abortion as a “fundamental” right. Despite this, GOP lawmakers proposed an amendment to the state constitution to negate the right to abortion. However, the initiative failed by a significant margin in the August 2022 vote, upholding abortion rights.
Nevertheless, Republican lawmakers argued this year that “reasonable restrictions” on abortion were still permissible. A law that took effect on July 1 required abortion providers to inform their patients that a medication abortion could be halted using a regimen promoted by anti-abortion groups. However, the state agreed not to enforce this law until a further ruling from Jayaram.
During an August hearing, Jayaram expressed doubts about the regimen’s effectiveness, citing the absence of valid studies supporting its claims. Major medical organizations also consider the regimen to be ineffective and potentially unsafe.
Providers also challenged existing laws enacted by GOP lawmakers, which required patients to receive medical information 24 hours before the procedure. This information had to be provided in writing, using specific formatting requirements and including statements drafted by abortion opponents that major medical groups consider to be false or misleading.
In response, Jayaram questioned why one specific provider and service were being singled out. Attorneys for the providers argued that the mounting layers of restrictions created a biased counseling system designed to discourage abortion. In Kansas, most abortions are not banned until the 22nd week of pregnancy.
Providers also noted that the challenge to older restrictions became more pressing as other states implemented abortion bans, leading out-of-state residents to seek appointments in Kansas. According to state health department data, Kansas experienced a 57% increase in abortions in 2022.
Abortion opponents had warned before the August 2022 vote that all existing abortion restrictions could be at risk without a change in the state constitution. The state Supreme Court is currently reviewing a 2015 law that prohibits the most common second-trimester procedure and a 2011 law that imposes stricter health and safety requirements specifically for abortion providers. Both laws have been held in abeyance due to ongoing litigation.
Attorneys for the state and the anti-abortion Alliance for Defending Freedom argue that by suing the state, providers are working against the interests of their patients, who should have access to as much information as possible.
The temporary halt on the new state law and the blocking of older restrictions by Judge Jayaram provide a respite for abortion providers in Kansas as they continue to fight for women’s reproductive rights.
