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Kansas Supreme Court Issues Shocking Victory For Abortion Supporters
The Federalist ^ | April 26, 2019 | Margot Cleveland

Posted on 04/26/2019 12:03:02 PM PDT by detective

Today, in a 6-1 decision, the Kansas Supreme Court held in Hodes & Nauser v. Schmidt, that the state constitution guarantees a right to abortion.

The named plaintiffs, Herbert Hodes and his daughter Traci Nauser, are two late-term abortionists who challenged Kansas’ ban on live dismemberment abortions—abortions which cause death by ripping the limbs and torso off of a fetus. Over the last several years, federal courts have declared similar bans on dismemberment abortions unconstitutional, but today’s decision is significant because, unlike other cases, it is based on a state constitutional right to abortion.

(Excerpt) Read more at thefederalist.com ...


TOPICS: Culture/Society; Government; US: Kansas
KEYWORDS: abortion; court; fetacide; fetaldismemberment; kansas; latetermabortion
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The Kansas Supreme Court reasoned:

“This right allows a woman to make her own decisions regarding her body, health, family formation, and family life—decisions that can include whether to continue a pregnancy. Although not absolute, this right is fundamental. Accordingly, the State is prohibited from restricting this right unless it is doing so to further a compelling government interest and in a way that is narrowly tailored to that interest.”

After concluding that the Kansas constitution guarantees a right to an abortion, the state Supreme Court remanded the case for a determination of whether the Kansas Unborn Child Protection from Dismemberment Abortion Act violates the newly defined constitutional right.

Using that same logic, any law that prohibited infanticide would also violate the Kansas State Constitution.

1 posted on 04/26/2019 12:03:02 PM PDT by detective
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To: detective

What is needed is a declaration by the Supreme Court that these babies are individuals guaranteed due process and civil liberties . This murder will be stopped.


2 posted on 04/26/2019 12:09:06 PM PDT by bingoplayer
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To: detective
No mention of the baby's right to a body, health, family formation, and family life.

Kill, kill, kill. That's all the leftists and jihadists know.

3 posted on 04/26/2019 12:12:48 PM PDT by Sirius Lee (“Individual liberty and freedom are not outmoded concepts.”)
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To: detective

This is what any contemporary law school requires it graduates to believe...


4 posted on 04/26/2019 12:13:00 PM PDT by SecondAmendment (This just proves my latest theory ... LIBERALS RUIN EVERYTHING!)
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To: detective

Kansas became a state in 1861.
I’m sure that the people who wrote their state constitution never intended that women be able to chop-up their late term babies.


5 posted on 04/26/2019 12:15:31 PM PDT by Buckeye McFrog
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To: Sirius Lee

No - they did - IN WORD.

“Infanticide is legal and a right.”

Evil has come to our nation.


6 posted on 04/26/2019 12:18:35 PM PDT by Skywise
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To: detective

“This right allows a woman to make her own decisions regarding her body, health, family formation, and family life—decisions that can include whether to continue a pregnancy. Although not absolute, this right is fundamental

But don’t you DARE try to make your own Decisions regarding your Body when it comes to Drugs, legal or not!!!


7 posted on 04/26/2019 12:25:59 PM PDT by eyeamok
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To: detective

The stinking skank Kathleen Sebelius appointed four of the Justices in the majority. RINO Bill Graves appointed the other two.

The dissenting opinion was by the One Justice that Sam Brownback appointed. The dissent is masterful. It’s sad that Kansas put idiot Governors in a position to appoint Justices who would allow this to happen.


8 posted on 04/26/2019 12:29:19 PM PDT by TexasGurl24
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To: eyeamok

That also goes for suicide....His/Her Body - His/Her Life - His/Her Choice


9 posted on 04/26/2019 12:31:24 PM PDT by Patriot Babe
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To: detective

The Kansas GOP has a super majority in both houses of the legislature. 84-41 in the House and 28-1 in the Senate. They have the votes to put a Constitutional Amendment on the ballot to overturn this trash, IF the RINOs (there are a lot of RINOs in Kansas) can be reigned in.


10 posted on 04/26/2019 12:31:57 PM PDT by TexasGurl24
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To: detective

God have mercy on their souls.


11 posted on 04/26/2019 12:32:05 PM PDT by CMSMC
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To: TexasGurl24
Sad that Kansas is going full New York left tard. The voters need to wake up when voting for skanks like Sebelius and needs to petition their legislators to impeach.

The judges make an outrageous political ruling; they can be deposed by a political process.

12 posted on 04/26/2019 12:34:02 PM PDT by Vigilanteman (The politicized state destroys all aspects of civil society, human kindness and private charity.)
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To: Buckeye McFrog

“Bleedin” Kansas is back.


13 posted on 04/26/2019 12:36:14 PM PDT by ohioman
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To: detective

There are overly educated, smarmy, insulated-from-reality leftists all over the nation. As this asinine decision proves.


14 posted on 04/26/2019 12:37:46 PM PDT by vpintheak (Stop making stupid people famous!)
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To: CMSMC

Photo of Kansas Supreme Court Justices at link. Justice Caleb Stegall on the upper right was the one dissenting vote.

http://www.kscourts.org/kansas-courts/supreme-court/justice-bios/default.asp


15 posted on 04/26/2019 12:38:12 PM PDT by deks
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To: detective

Today I am deeply embarrassed to be a Kansan where people have a right to murder their children.


16 posted on 04/26/2019 12:46:09 PM PDT by yldstrk (My heroes have always been cowboys)
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To: detective

To show how WACKO these liberals really are, yesterday had heard that in Maryland a woman checked into a hospital, covered in blood and claimed she had just stillborne a baby.

While working on her, they sent the authorities to her home where they discovered blood all over the bedroom, bathroom and through the house.

A further check found a newborn body, in a bag, in a plastic bound bag and hidden in a room.

They arrested her for murder.

I agree with the call BUT taking their stance on abortion, what difference is it if she could have induced a miscarriage or just aborted the baby late term?

They also found data on her computer how she was trying to end the pregnacy prior birthing...

The WORST part is the newsreaders etal expressing sorrow and dismay over how cruel she was etc while not even batting an eye over the VA Gov & NY pols cheering while
legislation being passed/approved over the ‘let it be born, comfort it and kill it if deemed necessary’..

Like Chris Plante is want to say, if not for double standards, libs would have no standards at all.


17 posted on 04/26/2019 12:48:59 PM PDT by xrmusn (6/98"Getting rich as a Politician means doing something illegal''(trunc) HS Truman)
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To: All

I’m guessing this is a court appointed by Kathleen Sebelius. A more vile and evil woman you will not find.


18 posted on 04/26/2019 12:50:49 PM PDT by gibsonguy
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To: detective

The Great Plains states are the worst for judicial tyranny. Oklahoma courts routinely rule constitutional amendments unconstitutional.


19 posted on 04/26/2019 1:36:12 PM PDT by dangus
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To: ohioman
"“Bleedin” Kansas is back."



True that.
20 posted on 04/26/2019 2:07:17 PM PDT by RedMonqey (Welcome to Thunderdome... America 2019)
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