U.S. Supreme Court ruling expected to affect abortion clinic restrictions currently on hold in Kansas
This March 2014 photo shows the Planned Parenthood at 2226 E. Central Ave. in Wichita.
Abortion rights advocates in Kansas hailed a U.S. Supreme Court ruling Monday that struck down a pair of Texas laws regulating abortion providers. But abortion foes called the decision a “tragedy” that removes legal and medical safeguards for patients.
In a 5-3 ruling, the court struck down laws requiring doctors performing abortions to have admitting privileges at a hospital located near the abortion clinic and requiring clinics that provide abortions to meet the same standards as outpatient surgery centers.
Kansas enacted similar laws in 2011, but a state court put those laws on hold, and both sides in the case later agreed to let them remain on hold pending the outcome of the Texas case.
“This is a monumental day for reproductive rights, reproductive health access, not only by the vote itself but by the content of this decision, which is broad and sweeping in nature,” said Laura McQuade, president and CEO of Planned Parenthood of Kansas and Mid-Missouri.
Abortion rights advocates refer to such regulations as “TRAP” laws, or “targeted regulations of abortion providers.”
In its ruling, the majority said, “neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes. Each places a substantial obstacle in the path of women seeking a previability abortion, each constitutes an undue burden on abortion access … and each violates the Federal Constitution.”
Mary Kay Culp, executive director of Kansans for Life, the state’s largest anti-abortion lobby group, called the decision “a real tragedy for women and, as always, for their unborn children.”
“No one who truly cares about women, not to mention unborn children, would ever applaud today’s decision,” she said. “It shows in the starkest terms the so-called ‘safe and legal’ fantasy for what it always has been: a cover for abortion at all costs, even the cost of a young woman’s life.”
Culp said the ruling will mean that a woman who is hurt or made infertile from an abortion procedure will have no recourse because suing a doctor would require her to publicly state that she had had an abortion, and the court would require another abortion provider to testify as an expert witness.
“It doesn’t take a rocket scientist to see how that usually ends,” Culp said.
Kansas has four clinics offering abortion services.
Planned Parenthood operates two clinics in Kansas, one in Overland Park and another in Wichita.
McQuade said the Overland Park clinic is already licensed as an outpatient surgery clinic and its doctors have admitting privileges at nearby hospitals.
But she said that is not the case in Wichita, and she estimated it would cost in excess of $1 million to bring that clinic up to the standards of an outpatient surgery center.
McQuade said Monday’s decision does not immediately invalidate Kansas’ laws. She said Planned Parenthood was still reviewing the opinion to decide what legal strategy it will take next.
The office of Gov. Sam Brownback expressed disappointment with Monday’s decision.
“We are disappointed in the Supreme Court’s ruling, but the Governor will continue the fight to make Kansas a pro-life state,” Eileen Hawley, spokeswoman for Brownback, said in an email.
Kansas Attorney General Derek Schmidt’s office said through a spokeswoman only that it was reviewing the ruling.
— The Associated Press contributed to this report.




