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Truth Caucus: Shocking Kansas Supreme Court Dismemberment Abortion Ruling Threatens All Pro-Life Laws in Kansas

April 26, 2019

The Kansas Truth Caucus, an organization of approximately 50 legislators in both the Kansas House and Senate, issued a statement in response to today’...

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Truth Caucus: Shocking Kansas Supreme Court Dismemberment Abortion Ruling Threatens All Pro-Life Laws in Kansas

April 26, 2019

The Kansas Truth Caucus, an organization of approximately 50 legislators in both the Kansas House and Senate, issued a statement in response to today’s ruling by the Kansas Supreme Court that declared an independent right to abortion in the Kansas Constitution, which was enacted in 1859. Because this shocking decision invented an independent right to abortion under the Kansas Constitution, it opens the floodgates for potential litigation on previously enacted laws that have been routinely upheld by federal courts.

 

“The ruling by the Kansas Supreme Court is extreme and sets in motion a process by which even the most basic protections of the unborn are under threat, even those which have been upheld under Roe v. Wade by the U.S. Supreme Court,” said Ty Masterson, Chairman of the Truth Caucus. “The decision by the Court twists the words of the Kansas Constitution to usurp the rights and liberties of the people of Kansas, whose elected representatives have adopted laws by wide margins to protect both women and their unborn children. We pledge to work to enact a Constitutional Amendment which will allow the people of Kansas to reclaim the Kansas Constitution and restore its fundamental truth as a document that protects the life and liberty of all human beings in Kansas.”

 

The Kansas Truth Caucus also points to the lengthy dissent of Justice Caleb Stegall, which includes these statements:

 

"Reading today's majority opinion is a follow-the-white-rabbit experience. One is left feeling like Alice, invited by the Queen to believe "'as many as six impossible things before breakfast.'" Carroll, Through the Looking-Glass 100 (1899). Indeed, the story told by the majority is a strange one. In it, all the luminaries of the western legal tradition— from Sir Edward Coke and William Blackstone to Edmund Burke and Thomas Jefferson—would celebrate and enshrine a right to nearly unfettered abortion access. In this imagined world, the Liberty Bell rings every time a baby in utero loses her arm."

 

"The majority's decision is so consequential because it fundamentally alters the structure of our government to magnify the power of the state—all while using that power to arbitrarily grant a regulatory reprieve to the judicially privileged act of abortion. In the process, the majority abandons the original public meaning of section 1 of the Kansas Constitution Bill of Rights and paints the interest in unborn life championed by millions of Kansans as rooted in an ugly prejudice. For these reasons, I dissent."

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