Kansas’ highest court has signaled that it still considers access to abortion a “fundamental” right under the state constitution.
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.
Five of the six justices present for the arguments expressed skepticism while questioning Powell, who at one point said, “I’m doing the best I can.” The justices did ask Alice Wang, a Center for Reproductive Rights attorney representing the abortion providers, whether preserving life was a compelling state interest. She said that question was before the state Supreme Court when it ruled in 2019.Kansas allows most abortions until the 22nd week of pregnancy, attracting patients from other states with bans, most notably Missouri, Oklahoma and Texas.
Many Republicans had expected Kansas voters to approve the proposed state constitutional change in August, and Powell acknowledged that he was “boxed in” by the state's failure to challenge much of the evidence presented by abortion providers to the trial court judge.
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