HODES & NAUSER, MDS, P.A. v. SCHMIDT

No. 114,153.

368 P.3d 667 (2016)

52 Kan. App. 2d 274

HODES & NAUSER, MDs, P.A.; Herbert C. Hodes, M.D.; and Traci Lynn Nauser, M.D., Appellees, v. Derek SCHMIDT, in His Official Capacity as Attorney General of the State of Kansas; and Stephen M. Howe, in His Official Capacity as District Attorney for Johnson County, Appellants.

Court of Appeals of Kansas.

January 22, 2016.


Attorney(s) appearing for the Case

Stephen R. McAllister , solicitor general, Shon D. Qualseth , and Sarah E. Warner , of Thompson Ramsdell Qualseth & Warner, P.A., of Lawrence, Jeffrey A. Chanay , chief deputy attorney general, and Dennis D. Depew , deputy attorney general, for appellants.

Erin Thompson , of Thompson Law Firm, LLC, of Wichita, Robert V. Eye and Brett A. Jarmer , of Robert V. Eye Law Office, LLC, of Lawrence, Teresa A. Woody , of The Woody Law Firm PC, of Kansas City, Missouri, and Janet Crepps , Genevieve Scott , and Zoe Levine , of Center for Reproductive Rights, of New York, New York, for appellees.

Kevin M. Smith , of Law Offices of Kevin M. Smith, P.A., of Wichita, and Paul Benjamin Linton , of Thomas More Society, of Northbrook, Illinois, for amicus curiae The Family Research Council.

Frederick J. Patton II , of Topeka, for amicus curiae Kansans for Life, Inc.

Mark P. Johnson , of Dentons US LLP, of Kansas City, Missouri, for amici curiae Kansas Physicians.

Don Saxton , of Saxton Law Firm LLC, of Kansas City, Missouri, and Kimberly A. Parker , Skye L. Perryman , Brittani Kirkpatrick Ivey , and Souvik Saha , of Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, D.C., for amicus curiae American College of Obstetricians and Gynecologists.

En Banc.


MEMORANDUM OPINION

The 2015 Kansas Legislature passed a bill, signed into law by Governor Sam Brownback, that outlawed the most common method of second-trimester abortions. Before the law's July 1 effective date, a state district court entered a temporary injunction that kept the law...

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