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AG Derek Schmidt statement on today's Kansas Supreme Court decision in Hodes & Nauser v. Schmidt

Release Date: Apr 26, 2019

TOPEKA – (April 26, 2019) – Kansas Attorney General Derek Schmidt issued the following statement on today's decision from the Kansas Supreme Court in Hodes & Nauser, MDs, P.A., et. al. v. Schmidt et. al.:

"While the immediate reaction to today's ruling properly focuses on the damage it does to the State’s defense of the dismemberment abortion statute, the far-reaching implications of the Court's decision are breathtaking. Wholly uninhibited by traditional judicial restraint, the Court's sweeping and voluminous language foreshadows an ever-expanding role for Kansas courts in public policy questions that for the first 158 years of state history were reserved for Kansans to settle through the democratic process. 

"I am deeply concerned this invitation to litigate more public policy questions will weaken public confidence in our institutions of government. After today, any plaintiff who can articulate a supposed 'natural right' unspecified by our state Constitution but somehow divined by a thin majority of four Justices can defeat the democratic process with no recourse for the will of the People except by constitutional amendment. Over time, the result will inevitably be more public policy debates settled in Kansas courtrooms rather than the Statehouse, shaped principally by the arguments of lawyers rather than the broader will of the People."

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