2021 News Releases

AG Derek Schmidt files appeal in Hodes & Nauser v. Schmidt

Release Date: Jul 07, 2021

TOPEKA – (July 7, 2021) – Kansas Attorney General Derek Schmidt today announced that he will appeal a district court decision from earlier this year that found the state’s law prohibiting dismemberment abortions violates the Kansas Constitution. Schmidt yesterday filed a docketing statement with the Kansas Supreme Court, notifying the court of his intent to appeal the case.

In April, Shawnee County District Court Judge Teresa L. Watson found the law violated the Kansas Constitution, relying on a Kansas Supreme Court decision in an earlier stage of this case that found a “fundamental right to abortion” in Section 1 of the Kansas Constitution Bill of Rights. In her ruling, Judge Watson noted that while she disagreed with the Kansas Supreme Court’s legal reasoning and conclusions in that case, she was bound by its decision. 

Schmidt said that, among other legal issues, he will ask the Supreme Court to reconsider its interpretation of the state constitution from the prior decision. The Kansas Legislature has proposed an amendment to the state constitution in response to the court’s earlier decision, and it is scheduled for a public vote in August 2022.

The case is Hodes & Nauser v. Schmidt. A copy of the dockets statement is available at https://bit.ly/3qRH0Ws.

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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.