A judge has ruled that a Kansas law banning an abortion procedure is “unconstitutional and unenforceable” under a 2019 state Supreme Court ruling protecting abortion rights.
Shawnee County District Judge Teresa Watson’s decision was the first on abortion from a lower court since the decision from the state’s highest court.
Kansas has been unable to enforce the law since it was enacted in 2015 because of a lawsuit from two abortion providers.
The Kansas Supreme Court ruled that access to abortion is a “fundamental” right under the state constitution, but returned the case to district court for further review of the ban on what the law called “dismemberment abortion.”
GOP lawmakers have put a proposed amendment to the state constitution on the August 2022 ballot to reverse the Supreme Court decision.
Anti-abortion groups said that Watson’s decision confirms the need for a constitutional change.