Dismembering Live Fetuses Could Be Banned In Kansas

Grace Carr | Reporter

The Kansas Supreme Court is set to rule on a case regarding a ban on second-trimester abortion procedures as soon as Friday.

The judges will rule on a case that began after two late-term abortion providers sued the state in Hodes & Nauser v. Schmidt following Kansas’s passage of the Unborn Child Protection from Dismemberment Abortion Act in 2015, arguing that the law violates women’s rights, according to the Federalist.

Kansas’s law criminalizes the common procedure of dilation and evacuation used to abort unborn babies in the second trimester, requiring doctors to end the life of the fetus before dismembering its body parts rather than using dismemberment as the method thereby to kill the child. The law was, however, blocked in 2015 and ruled void in 2016, making it ineffective since it became law.

This case comes after an Alabama judge struck down the “fetal-demise law” last week, ruling that it was unconstitutional, according to Reuters. “Because these laws clearly impose an impermissible undue burden on a woman’s ability to choose an abortion, they cannot stand,” U.S. District Judge Myron Thompson wrote in his ruling, issuing a permanent injunction.

The Kansas abortion case also comes after a U.S. district judge temporarily removed the ban on second trimester abortions in Texas, following other recent blocks on abortion regulations in Kansas, Louisiana and Oklahoma, according to The Associated Press.

The Kansas Supreme Court is expected to rule on the case as early as Friday.

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