Monday morning, the Kansas Supreme Court heard arguments in two cases testing the limits of abortion rights. It did not appear to go well for the state’s attorney who sought to undermine a woman’s right to choose.
At issue are two state laws that remain unenforceable as long as there’s a constitutional right to abortion in Kansas. One would ban dilation and evacuation abortions. The other established unreasonably burdensome regulations on abortion providers. Lower courts ruled both laws unconstitutional.
These cases probably never should have even gotten to the state’s top court. Abortion is a matter of settled constitutional law in Kansas. In 2019, the state Supreme Court ruled that the state constitution protects the right to abortion. Laws that would limit that right must pass the highest scrutiny.