TOPEKA – (October 19, 2016) – Kansas Attorney General Derek Schmidt today issued the following statement in connection with the State’s response brief filed yesterday in the Kansas Supreme Court in Hodes & Nauser et. al. v. Schmidt et. al.:
“Yesterday’s reference to Dred Scott in a State’s response brief does not accurately reflect the State’s position, is not necessary for the State’s legal argument, and should not have been made. Neither the State nor its attorneys believe or were arguing that Dred Scott was correctly decided. Nonetheless, the reference to that case was obviously inappropriate, and as soon as I became aware of it today, I ordered the State’s brief withdrawn. The unfortunate use of this citation should not distract from the important question the Kansas Supreme Court faces in this case: Whether the Kansas Constitution establishes a state-level right to abortion. The State will continue to argue vigorously that it does not.”
A copy of the State’s motion to withdraw the brief is available here: http://bit.ly/2dAScTg.