If you thought Kansas's vote back in August to affirm the right to an abortion in the state, the "leave abortion to the states" Republicans in a post-Roe America are now "leave abortion to individual states and cities to ban" fans.
A Wichita Republican has introduced legislation that would allow local governments to issue their own restrictions and regulations of abortion — even though state constitution guarantees a right to abortion and bars most restrictions on the procedure.
Sen. Chase Blasi, a first year senator who was Senate President Ty Masterson’s chief of staff until last year, introduced the bill in the Senate Federal and State affairs committee Thursday.
The bill is one of the first abortion bills filed since Kansans overwhelmingly voted in August to retain a state-level right to an abortion in the state’s constitution.
A 2019 ruling in the Hodes case from the Kansas Supreme Court says that a woman’s right to an abortion can only be restricted in extremely rare circumstances under the highest judicial bar of strict scrutiny.
Blasi’s bill does not change that but it does seek to repeal an existing state law that bars local governments from regulating abortion. Blasi said he had not discussed possible restrictions with local officials in Wichita, and acknowledged that any restrictions would likely face a legal challenge.
“I’m hearing a lot from my constituents who believe we should continue to do more to help the unborn,” Blasi said. “Ultimately the question becomes what is allowed under the Hodes decision.”
“The Supreme Court should give more clarity because it’s so vague. It’s hard to understand exactly what is allowed or not allowed under Hodes. So absolutely, if local governments in conversations with constituents decide to adopt new policies and if they go through the court system the courts will have to decide.”
Sen. Cindy Holscher, an Overland Park Democrat, said legislation like Blasi’s ignores voters’ message in August to leave abortion rights alone.
“As many of us suspected, this issue will keep coming back and keep coming back,” Holscher said. “General citizens feel like, okay, that issue’s been settled.”
Blasi said he was also working on legislation aimed at expanding adoption options in Kansas.
While Blasi said he had not discussed his proposal with leadership, Republican and anti-abortion leaders in Kansas have discussed an interest in providing additional funding for anti-abortion pregnancy centers as well as seeking clarity from the Kansas Supreme Court on what abortion restrictions are and are not permissible.
Litigation over local policies would provide an avenue for that without dragging the state back into court.
In a statement Anamare Rebori-Simmons, a spokeswoman for Planned Parenthood Great Plains Votes, called the bill a blatant disregard of the will of the people.
“Abortion rights won in a landslide, including in the home county of the bill’s sponsor. Politicians serve as the voice of the people in the legislature, and Republican lawmakers should know better than to silence those they represent,” Rebori-Simmons said.
The problem here is Kansas Republicans have a veto-proof margin in both the state House and state Senate, meaning they could override any veto from Democratic Gov. Laura Kelly. Expect a form of this legislation to pass into law, and for the court fights in Kansas to begin in earnest.
As with Florida's constitutional amendment to restore voting to felons, the real fight was what hoops Republicans in the state legislature can add to make the process impossible.
The right to bodily autonomy will never be "settled law" to Republicans until it is eliminated nationally and criminalized federally.
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