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STATE EX REL. MORRISON v. SEBELIUS

No. 98,691.

179 P.3d 366 (2008)

STATE of Kansas ex rel. Paul J. MORRISON, Attorney General of the State of Kansas, Petitioner, v. The Honorable Kathleen SEBELIUS, Governor of the State of Kansas, Respondent.

Supreme Court of Kansas.

March 11, 2008.

Attorney(s) appearing for the Case

Stephen R. McAllister, solicitor general, argued the cause, and Jared S. Maag, deputy solicitor general, Kristafer R. Ailslieger, assistant solicitor general, and Paul J. Morrison, attorney general, were with him on the briefs for petitioner.

Jay P. Warren, of Bryan Cave LLP, of New York, New York, argued the cause, and Lynn S. McCreary and Kristi K. Wilhelmy, of Bryan Cave LLP, of Kansas City, Missouri, were on the briefs for respondent.

Megan E. Jennings, of Kansas City, Missouri, was on the brief for amicus curiae Representative Raj Goyle and Representative Jeff Whitham.

The opinion of the court was delivered by LUCKERT, J.:

During the 2007 Kansas legislative session, the legislature passed and the governor signed House Substitute for Senate Bill No. 244 (H.Sub.S.B.244), which substantially amended K.S.A. 21-4015 (Furse 1995), formerly known as the Kansas Funeral Picketing Act, and now, as amended, known as the Kansas Funeral Privacy Act, K.S.A. 21-4015. L.2007, ch. 111, secs. 1-6. Although the legislature repealed the Kansas Funeral...

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