Kansas judge blocks state abortion laws including restrictions on medication News
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Kansas judge blocks state abortion laws including restrictions on medication

A Kansas judge blocked several existing and planned abortion restrictions in the state on Monday including requiring providers to tell patients that abortion medication can be reversed and that abortion is linked to breast cancer, both of which are contested claims.

In a 92-page court ruling, Judge K. Christopher Jayaram issued a temporary injunction in Hodes & Nauser v. Kobach stating that “the [Woman’s Right to Know] Act appears to be a thinly veiled effort to stigmatize the procedure and instill fear in patients that are contemplating an abortion, such that they make an alternative choice, based upon disproven and unsupportable claims.”

Planned Parenthood Great Plains filed the lawsuit in June on behalf of Kansas abortion providers targeting the new “Medication Abortion Reversal” Amendment and older restrictions in the Woman’s Right To Know Act. Providers requested a temporary injunction, arguing that the abortion restrictions violated state constitutional law and free speech.

Defendants in this case say that the restriction constitutes a safeguard to inform women of the risks of abortion. However, Alice Wang, a staff attorney for the Center of Reproductive Rights said in a press release, “Forcing medical providers to give patients government-scripted misinformation violates the state constitution and medical ethics.”

The case is the first to challenge the state abortion restrictions following an overwhelming majority vote against granting Kansas lawmakers the authority to ban the procedure.

“This ruling represents a hard-fought win for our patients all across Kansas and in neighboring states where abortion is banned,” said Traci Lynn Nauser, an abortion provider. “While there is still a long road ahead to ensure that Kansans are able to access timely abortion care without facing barriers, we are grateful that we can continue to provide accurate, patient-centered information to those who trust us and their care.”

Following the US Supreme Court’s 2022 decision to overturn Roe v. Wade, Kansas is one of only a few states that provides abortion protections. Based on an unprecedented demand, there has been an influx of out-of-state travelers to Kansas clinics.

“Kansans deserve the best health care possible, and that includes open and truthful communication with their doctors without political scripting,” said Nauser.

Under this injunction, providers may disregard the mandate to inform patients of possible abortion reversal through medication. Another blocked section required anti-abortion information to be printed with a specific font, size, and color within a 24-hour advance notice of the abortion procedure.

Judge Jayaram will consider the case further during a scheduled hearing next summer.