TOPEKA – (September 2, 2015) – Kansas Attorney General Derek Schmidt today issued the following statement on the decision by the Kansas Supreme Court not to assume jurisdiction over the state’s appeal of a temporary injunction blocking implementation of the 2015 abortion law (known as the “Kansas Unborn Child Protection from Dismemberment Act”) enacted by the legislature:
“We will defend this duly enacted state law in front of whatever court wants to hear it, and we appreciate the Court of Appeals’ expedited scheduling of the matter.”
On June 30, the Shawnee County District Court entered a temporary injunction blocking the law after finding a right to abortion protected by the Kansas Constitution, and the State appealed. All parties requested the Supreme Court assume jurisdiction over the case, but earlier this week the Supreme Court declined, leaving the case at the Court of Appeals for now. After the Supreme Court declined jurisdiction on Monday, the Court of Appeals today ordered briefing completed by late October and said it will schedule oral argument as soon thereafter as possible. Copies of both appellate courts’ orders are linked below.