Kansas Supreme Court Strikes Down Two Abortion Restriction Laws, Referencing Kansas Constitutional Protections
UNDATED (KNS) – The Kansas Supreme Court struck down two laws restricting abortion Friday. The Kansas News Service reports that the decisions cement the state’s role as a leading abortion access point. The laws banned a common second-trimester abortion method and imposed extra regulations on doctors that provide abortions. Both had been blocked by lower courts. The justices said both laws violated the Kansas Constitution, which they previously ruled protects abortion rights. Voters overwhelming rejected a Republican bid to change that in 2022. Anti-abortion groups denounced the opinions. A decision against providers would have been monumental because of the thousands of women who travel to Kansas each year for abortions. Kansas allows abortion until 22 weeks, and several other restrictions remain in effect. (Read more.)
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Kansas Supreme Court Bolsters a State Right to Abortion, Striking Down 2 Anti-Abortion Laws
TOPEKA, Kan. (AP) — Kansas’s highest court strongly reaffirmed Friday that the state constitution protects abortion access, striking down a ban on a common second-trimester procedure and laws regulating abortion providers more strictly than other health care providers.
The pair of 5-1 decisions suggests that other restrictions — even ones decades on the books — might not withstand legal challenges. The court's dissenting justice, widely seen as its most conservative, warned that Kansas is headed toward “a legal regime of unrestricted access to abortion.”
“This is an immense victory for the health, safety, and dignity of people in Kansas and the entire Midwestern region, where millions have been cut off from abortion access,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, which represented the abortion providers challenging the two laws.
The decisions came almost two years after an August 2022 statewide vote decisively affirming abortion rights, the first such vote after the U.S. Supreme Court's Dobbs decision in June 2022 that allowed states to ban abortion altogether. Kansas voters rejected a proposed change in the state constitution approved by the Republican-controlled Legislature to declare that the document provides no right to abortion.
Republican Attorney General Kris Kobach's office had argued that the 2022 vote didn’t matter in determining whether the two laws could stand. But Justice Evelyn Wilson, one of three justices appointed to the seven-member court after its landmark 2019 decision, said that while she might have dissented then, “The people spoke with their votes.”
“The results were accepted by the people, and Kansas showed the world how things are done in a successful democracy,” wrote Wilson, an appointee of Democratic Gov. Laura Kelly, a strong abortion rights supporter.
Neither law struck down by the court had been enforced because of the lawsuits against them by abortion providers.
Other lawsuits in lower state courts are challenging restrictions on medication abortions, a ban on doctors using teleconferences to meet with patients, rules for what doctors must tell patients before an abortion and a requirement that patients wait 24 hours after receiving information about a procedure to terminate their pregnancies.
Friday's rulings will be felt far outside Kansas since it has attracted thousands of patients from states where abortion is all but banned, most notably Oklahoma and Texas. The Guttmacher Institute, which supports abortion rights, projected last month that about 20,000 abortions were performed in Kansas in 2023 or 152% more than in 2020.
Abortion opponents argued ahead of the August 2022 vote that failing to change the state constitution would doom long-standing restrictions enacted under past Republican governors. Kansas saw a flurry of new restrictions under GOP Gov. Sam Brownback from 2011 through 2018.
“It hurts to say, ‘we told you so,’ to the many Kansans who were misled by the abortion industry’s assurances that it would still be ‘heavily regulated’ in our state if voters rejected the 2022 amendment,” Danielle Underwood, a spokesperson for Kansans for Life, the state's most influential anti-abortion group, said in a statement.
Justice K.J. Wall, a Kelly appointee, did not participate in either ruling on Friday while Justice Caleb Stegall was the lone dissenter. He was appointed by Brownback.
In his dissenting opinion in the clinic regulations case, Stegall said the majority’s actions will damage the court’s legitimacy “for years to come.” He said its declarations about bodily autonomy could affect a “massive swath” of health and safety regulations outside abortion, including licensing requirements for barbers.
“Surely the government does not have a compelling interest in who trims my beard?” Stegall wrote. “Let the lawsuits commence in this new target-rich environment. The majority has — perhaps unwittingly — put the entire administrative state on the chopping block of strict scrutiny.”
Justice Melissa Standridge, also a Kelly appointee and the justice writing the majority opinion in the clinic regulations case, called Stegall's comments “inappropriate and denigrating to women faced with decisions between childbirth and abortion.”
Kansas doesn’t ban most abortions until the 22nd week of pregnancy, but it requires minors to obtain the written consent of their parents or a guardian. Other requirements, including the 24-hour waiting period and what a provider must tell patients, have been put on hold. A lower court is considering a challenge to them by providers.
The health and safety rules aimed specifically at abortion providers were enacted in 2011. Supporters said they would protect women’s health — though there was no evidence provided then that such rules elsewhere had led to better health outcomes. Providers said the real goal was to force them out of business.
Standridge said in the majority's opinion on the clinic regulations that not only was there no evidence the rules would improve patients' health, but in some cases, it “affirmatively contradicts” that position.
She wrote that even the state's expert in the case agreed that "existing abortion care is extremely safe” and comparable to care not covered by the regulations.
The other law struck down by the court would have banned a certain type of dilation and evacuation, also known as D&E. It was the first state ban of its kind when it was enacted in 2015.
According to state health department statistics, about 600 D&E procedures were done in Kansas in 2022, accounting for 5% of the state’s total abortions. About 88% of the state’s abortions occurred in the first trimester. The state has yet to release statistics for 2023.
The procedure ban would have forced providers to use alternative methods that the Center for Reproductive Rights has said are riskier for the patient and more expensive.
Justice Eric Rosen, an appointee of former Democratic Gov. Kathleen Sebelius, said in the majority's opinion on the ban that lower-court evidence showed it would force patients to undergo alternative procedures “that are rarely used, are untested and are sometimes more dangerous or impossible.”
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1 Killed, 3 Injured When Violent Storm Rolls Through Lake Wilson
LAKE WILSON, Kan. (CBS) - Authorities say one person was killed and three others were injured when violent thunderstorms tore through a state park in northwest Kansas. The Russell County Sheriff's Office says the storm blew through Lake Wilson State Park late Wednesday night, bringing high winds that toppled multiple campers. One man was killed in the storm while three others were injured and required hospitalization. CBS News reports that the body of 64-year-old Christopher Montoya, of Hollyrood, was discovered in the Hell Creek Park area. An autopsy is scheduled to determine his exact cause of death. Those injured in the storm were taken to Russell Regional Hospital. Their conditions are unknown.
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Numerous Water Rescues Required After Flood Waters Rise in Kansas City Metro
KANSAS CITY, Mo. (KCTV) - Flood waters filled up portions of the Kansas City metro this week, requiring a number of water rescues. The Kansas City Fire Department made at least 11 of those water rescues. KCTV reports that three people were swept into the water at a homeless camp located next to a tributary of the Blue River. Officials say numerous high-water vehicle rescues also took place Wednesday night and early Thursday morning.
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Former Reporter Settles Part of Her Lawsuit over Police Raid on Kansas Newspaper for $235,000
TOPEKA, Kan. (AP) — A former reporter for a weekly Kansas newspaper has agreed to accept $235,000 to settle part of her federal lawsuit over a police raid on the paper that made a small community the focus of a national debate over press freedoms.
The settlement removed the former police chief in Marion from the lawsuit filed by former Marion County Record reporter Deb Gruver, but it doesn't apply to two other officials she sued over the raid: the Marion County sheriff and the county's prosecutor. Gruver's lawsuit is among five federal lawsuits filed over the raid against the city, the county and eight current or former elected officials or law enforcement officers.
Gruver's attorney did not immediately respond to emails Friday seeking comment. An attorney for the city, its insurance company, the former chief and others declined to comment but released a copy of the June 25 settlement agreement after the Record filed an open records request. He also provided a copy to The Associated Press.
Former Police Chief Gideon Cody led the Aug. 11, 2023, raid on the newspaper's office, the home of publisher Eric Meyer and the home of a then-city council member who had been critical of the then-mayor. Marion is a city of about 1,900 people set among rolling prairie hills about 150 miles southwest of Kansas City, Missouri, and the Record is known for its aggressive coverage of local government.
At the time, Cody said he had evidence that the newspaper, reporter Phyllis Zorn and the city council member had committed identity theft or other computer crimes in obtaining information about a local business owner's driving record. All of his targets said they did nothing illegal, and no charges were ever filed.
A federal lawsuit filed by Meyer and the newspaper alleges that the raid caused the death the next day of his 98-year-old mother, who lived with him, and he and the paper's attorney have suggested that the raid was Cody's response to the paper investigating his background. Cody seized Gruber's personal cellphone and had her desk searched; she had no connection to the driving record but was looking into Cody's past.
The raid sparked national outrage, and Cody resigned as chief in early October, less than two months after the raid. Legal experts have said the raid likely violated state or federal laws.
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Does Kansas Have Rare Earth Minerals? The Kansas Geological Survey Hopes to Find Out
LAWRENCE, Kan. (KPR/KSNT) - Does Kansas contain a quantity of rare Earth minerals underground? That's what the Kansas Geological Survey will try to find out when it starts drilling holes in Lyon County. Right now, scientists are searching for potential drilling sites, which could reveal new sources of rare Earth minerals. KSNT reports that the Kansas Geological Survey has partnered with Mull Companies, an independent oil and gas producer, to drill out a well in Lyon County to evaluate whether subterranean layers of rock contain minerals which can be used in electronics, lithium batteries and other advanced technologies. China and India are currently the world's largest suppliers of these materials.
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New Record for June Precipitation Set in Dodge City
LIBERAL, Kan. (KNS) - Southwest Kansas has been known for its lengthy droughts as of late but one town broke a longstanding record for precipitation during the month of June. Dodge City’s record for precipitation in June goes back to 1899, before broadcast radio was even invented. Back then the record was just over 11 inches. But the National Weather Service says Dodge City received over 12 inches of rain last month, which has helped relieve a drought-stricken area where agriculture rules. Meteorologist Ray Burgert says southwest Kansas was lucky to get unseasonably high rainfall amounts last month. “This definitely helps," he said. "And I think we will notice it as the new drought monitors come out that this will aleve some of the stress.” That rain has helped Kansas wheat crops, but the National Weather Service is predicting that hot and dry weather will return for the rest of the summer.
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Land Institute Works on Improving Kernza Crop Yields
UNDATED (KNS) – Scientists in Salina have sped up their work to create a commercially viable perennial grain. The Land Institute breeds kernza wheatgrass. Unlike other food and livestock feed grains, farmers don’t have to replant kernza each year. This reduces erosion and increases carbon storage in soil. But the yield per plant remains small. And the breeding process to change that is slow. The Kansas News Service reports that Salina scientists are now using LED lights to trick the plants into blooming twice a year. With faster breeding, scientists predict wheat-like yields by 2040, which would make it viable for more farmers to grow.
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K-State Scientist Using AI to Aid Bee Researchers
MANHATTAN, Kan. (KNS) - A K-State scientist is using artificial intelligence to help bee researchers. Scientists don’t know much about the vast majority of bee species. Fixing that is difficult, because ecologists who gather bees in the field need help from taxonomists to identify them. And those specialists are in short supply. So, professor Brian Spiesman, at Kansas State University, built the smartphone app BeeMachine. He and his collaborators are teaching it to distinguish really tricky-to-identify bees. This could speed international efforts to pin down trends in pollinator populations. And the public can contribute with the BeeMachine app - by snapping photos of bees in local parks and gardens.
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Kansas Voter Registration Deadline Coming Up this Month
UNDATED (KCUR) - Kansas voters have less than two weeks to register for the August primary. Residents have a few options for how to cast their ballots. The deadline is July 16. The next day, advance mail-in voting starts. Voters will have to apply for a mail-in ballot, which you can do on county election websites or the secretary of state’s website. In a YouTube interview with the Kansas African-American Affairs Commission, Secretary of State Scott Schwab urged people to use drop boxes. “Don’t mail your ballot," he said. "Treat it like cash, you wouldn’t mail cash, put it in the drop box.” The primary election is August 6.
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Experts Warn Ranchers About Cattle Heat Stress
LIBERAL, Kan. (KNS) - Western Kansas has the highest concentration of cattle in the state, and the animals can be sensitive to extreme heat. Prolonged exposure to high temperatures can cause heat stress. Just two years ago, Kansas saw heat kill more than 1,000 head of cattle. Kansas State University warns that the heat in southwest Kansas will continue to affect animal comfort and temperatures may only get worse. Cattle are easily prone to heat stress, which can affect their milk production and productivity, or even cause mass death. Feedlots are financial lifelines for some western Kansas communities, but the radiant heat from dirt and concrete makes their environment more dangerous for cattle than pastures.
Will Milashoski, livestock instructor at Seward County Community College, says extreme weather can be bad for the beef industry. “They still put a lot of money into those smaller towns and small communities," he said. "So, when business is bad for them, it can also be bad for the smaller towns as well. As those businesses struggle, those communities around them will struggle, whether it be layoffs, you know, if we're losing too many cattle we're not we're not making this sustainable," he said. Milashoski says ranchers need to monitor their herds and provide access to shade and extra water. But he says feedlots will have a harder time providing those amenities.
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Multiple Injuries Reported After Fireworks Veer into Crowd at a Utah Stadium
PROVO, Utah (AP) — Malfunctioning fireworks veered into the stands at a crowded Utah football stadium and struck members of the audience during a Fourth of July celebration, sending up to six people to the hospital, according to authorities and the event organizer.
The mishap occurred during the opening ceremonies of the Stadium of Fire show, the flagship event at Provo's annual Freedom Festival at Brigham Young University's LaVell Edwards Stadium. The fireworks were shot off inside the outdoor arena as several jets passed overhead.
Organizers halted the show for about 15 minutes while injured audience members received medical attention, Freedom Festival spokesperson Emory Cook said Friday.
As many as six people were taken to the hospital, including one with serious injuries, Cook said, adding that he did not know the severity of the other injuries nor the number of people who were struck by fireworks.
Local authorities are investigating the cause of the mishap.
Videos posted on social media show individual fireworks veering off from the cluster sent into the sky over the field and landing among rows of spectators in the stands at the outdoor arena. About 45,000 people attended the sold-out show, Cook said.
“Definitely a firework malfunctioned, but we're still trying to figure out how that happened,” Cook said. “All the fireworks were installed properly before the event, and they were inspected and approved prior to the show by authorities.”
Teresa Jack of Provo, who was watching the show from the field, said she saw a rocket fly over her head and into the stadium’s east stands, exploding and sending up a big cloud of smoke like a bomb going off.
People in the crowd started waving to let officials know there were injuries and yelling “stop the show” at the speaker on stage, she said.
People were asked to remain in their seats while injured people were told to report to a medical tent for treatment, said Jack, a well-organized response she credits for preventing a stampede.
Fire department personnel and paramedics were on scene when the show started and reached the injured audience members within a minute, said Provo Fire and Rescue spokesperson Jeanie Atherton.
She said her department transported only one person to the hospital but that other victims might have gone by personal vehicles.
The event, which featured the Jonas Brothers, resumed under approval from the Provo fire marshal after the fireworks had been inspected following the accident, said BYU police department spokesperson Karen Ellingson.
The fireworks that malfunctioned inside the stadium were relatively small compared with the large pyrotechnics that are used during the show’s finale, Cook said. Those larger fireworks are kept outside the stadium, he said.
The Fourth of July show was organized by Stellar Fireworks of Wichita, Kansas. Company representative Andrew Nguyen said the pyrotechnics that misfired were from a device called a repeater that fires 25 shots simultaneously.
“It blew apart and instead of the shots being oriented vertically, they became horizontal because the device had no structure,” he said.
Nguyen added that the company has staged fireworks shows in Provo for 40 years without a comparable incident.
Jack, who went to the festival to see the Jonas Brothers, said she and her friends almost left during the finale partly because of the earlier malfunction but stayed because the display was amazing. But she said she was just as impressed with the drones as the traditional fireworks in the show, which made her wonder if that would be the better way to celebrate Independence Day.
“It might be time for us to reevaluate this tradition,” she said.
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Kansas City Current Still Undefeated in NWSL; Title Game Coming to KC this Fall
KANSAS CITY, Mo. (KPR) - In the National Women’s Soccer League, the Kansas City Current will try to extend its unbeaten streak Saturday night against the Orlando Pride, which is also undefeated. The first-place Current have ten wins and five ties. The Pride will take an identical record into their match at CPKC Stadium in Kansas City. Current coach Vlatko Andonovski says everyone recognizes the marquee matchup. "It’s arguably the most important game, or the biggest game. But it’s not. The final is the biggest game. Hopefully we get to the final and that’s the one that will matter the most," he said. The women's league just announced that the league’s title match will be decided in Kansas City on November 23, regardless of the teams that make it to the big match.
The women's league is only halfway through its season, but the Kansas City Current’s record-breaking unbeaten streak shows the team could have a shot at one of the two finalist slots. CPKC Stadium made history as the first stadium built specifically for a professional women’s sports team. Tickets will be available soon. And they are likely to sell fast - last year’s championship drew more than double CPKC’s capacity of 11,500.
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