Kansas Court Permanently Blocks Multiple Abortion Restrictions

Kansas court strikes down burdensome restrictions, including a so-called medication abortion "reversal" law

TOPEKA, Kan. - Today, a Kansas state court permanently struck down a litany of abortion restrictions designed to make it harder to provide and access care. The court ruled that the laws violate the fundamental right to abortion as well as health care providers' right to free speech under the state constitution. These restrictions, most of which have been temporarily blocked since October 2023, delayed access to time-sensitive care, jeopardized patients' privacy, and forced providers to give patients false and potentially dangerous information, which could threaten their health. Today's decision will help ensure that abortion remains protected and accessible in Kansas, where, in 2022, residents overwhelmingly voted to protect the state's constitutional right to abortion.

In its decision, the court ruled that the challenged laws violate the state's constitutional right to abortion, stating: "These draconian processes, which have 'ballooned' over time and exist in no other articulated healthcare context in Kansas, have resulted in emotional trauma and stress for plaintiffs, their staff, and their patients, and it causes delays and/or denials of care when the precise logistics and requirements are not explicitly followed."

The laws struck down today, some of which date back to 1997, include:

• A requirement that all patients are given inaccurate and stigmatizing misinformation before they can receive abortion care.

• Burdensome and unnecessary requirements that certain state-mandated disclosures be received by patients in printed form, in specific typeface, font size, and color, at least 24 hours in advance of an abortion, delaying-and in some instances denying-access to time-sensitive health care.

• A law requiring providers to relay to patients at least five times that a medication abortion can be "reversed"-a false, and potentially dangerous, claim unsupported by scientific evidence.

• A medically unnecessary restriction forcing patients to wait an additional 30 minutes after meeting with their abortion provider before they may receive an abortion.

• A law forcing providers to interrogate their patients' reasons for seeking abortion and report those reasons to the state, jeopardizing patients' privacy.

"Kansans were resolute when they voted to preserve abortion rights, and today's victory is a reflection of their will," said Alice Wang, Senior Staff Attorney at the Center for Reproductive Rights. "Restrictions like these only exist to push abortion care out of reach. And as we've seen across the country, people are dying because of delays in accessing essential health care. Still, politicians have repeatedly ignored this reality and their voters as they continue to push for harmful laws. We will continue to defend democracy and freedom in Kansas."

"Today's ruling allows me to do my job the way I was trained to and focus on what's most important: my patients," said Dr. Traci Lynn Nauser, OB-GYN and lead plaintiff in the case. "I have been caring for patients for nearly 30 years, but these laws have interfered with my ability to provide high-quality, evidence-based health care. I have been forced to lie to my patients and delay, or even deny, people care for no medical reason. This is not how health care should work. My patients deserve timely care based on facts, and I am grateful to be able to offer that."

"We're grateful that the court today affirmed the rights and freedoms of Kansans, and that their voices matter. While Kansans have spoken decisively against an anti-abortion ballot measure just a few years ago, politicians have responded by ignoring their wishes- instead pushing additional restrictions to exert power and control over people's personal medical decisions," said Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America. "Today, the court took an important step toward ensuring that every Kansan can continue to access the care they need. Planned Parenthood will always be in this fight to protect patients' access to care, free of political interference."

"This ruling reaffirms what Kansans have made clear time and again: the Kansas Constitution protects the fundamental right to make personal decisions about pregnancy and abortion without political interference, said Emily Wales, president and CEO of Comprehensive Health of Planned Parenthood Great Plains. "We welcome the court's decision to uphold these protections and permanently safeguard the constitutional rights to bodily autonomy and reproductive freedom. For our patients, today's ruling ensures that care is provided in the same way it has been since the court blocked medically unnecessary and dangerous restrictions three years ago. That care is high-quality, in line with national standards, and delivered without government overreach. This decision provides greater certainty for patients, providers, and communities. It allows us to keep investing in Kansas by strengthening our health center infrastructure and ensuring that every patient who relies on our team for care can continue to access compassionate, high-quality reproductive health care now and into the future."

Kansas politicians have continued to try to undermine abortion access at the state and federal levels, including by joining a separate case that aims to make it much harder to get medication abortion nationwide.

This case was filed by the Center for Reproductive Rights, Planned Parenthood Federation of America, Hunter Law Group, and Teresa Woody on behalf of plaintiffs Hodes & Nauser, M.D.s, P.A.; Traci Lynn Nauser, M.D.; Tristan Fowler, D.O.; and Comprehensive Health of Planned Parenthood Great Plains.

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Planned Parenthood is the nation's leading provider and advocate of high-quality, affordable sexual and reproductive health care for all people, as well as the nation's largest provider of sex education. With around 550 health centers across the country, Planned Parenthood organizations serve all patients with care and compassion, with respect, and without judgment, striving to create equitable access to health care. Through health centers, programs in schools and communities, and online resources, Planned Parenthood is a trusted source of reliable education and information that allows people to make informed health decisions. We do all this because we care passionately about helping people lead healthier lives. Planned Parenthood Federation of America (PPFA) is a 501(c)(3) charitable organization that supports the independently incorporated Planned Parenthood affiliates operating health centers across the U.S