KS Abortion Rules Temporarily Blocked

By Cynthia Hsu, Esq. on July 06, 2011 | Last updated on March 21, 2019

New Kansas abortion rules have been blocked by a federal judge. The Kansas abortion regulations would have meant that two out of the state's three abortion providers would have been unable to continue operations.

Planned Parenthood of Kansas and Mid-Missouri was the only abortion provider to receive a license that would have allowed them to continue their services if the new regulations went into effect, reports the Associated Press.

The regulations apply to abortion providers who perform more than five non-emergency abortions a month, requiring them to get a license. The regulations mandate what drugs and equipment the clinics, hospitals and doctor's offices must have. They also regulate the minimum sizes and temperature of recovery rooms, and also have regulations on procedure, according to the AP. The rules also mandate the size of janitor closets and requires that patients be given lockers, reports Time.

About 8,000 women seek abortions in Kansas every year. Planned Parenthood performs around 5,000 of the abortions.

Judge Carlos Murguira issued the ruling saying that the providers and the women seeking abortion would suffer irreparable injury if the regulations went into place. A trial will be set to determine whether or not the rules are legal, and the injunction will last until then.

Are the new Kansas abortion regulations legal? A trial will determine the legality of the new rules. But in the meantime, it seems murky at best. After all, abortion is legal, as set out in the Supreme Court decision Roe v. Wade.

However, states are given the power to regulate certain aspects of abortion, and can impose certain requirements like waiting periods and counseling.

Whether or not the regulations set out in the new Kansas law fits into the framework of an aspect of abortion that can be regulated by the states is yet to be seen. A federal judge also recently issued an injunction against a South Dakota abortion regulation which would have imposed a 3-day waiting period and counseling at centers that discourage abortion until after its challenge in court is over.

But in the meantime, with Kansas' abortion rules blocked, the new Kansas abortion regulations will at least remain on the back burner until the trial is over.

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