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.
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Janet Crepps , of Center for Reproductive Rights, of New York, New York, argued the cause, and Genevieve Scott and Zoe Levine , of the same office, Erin Thompson , of Foland, Wickens, Eisfelder, Roper and Hofer, P.C., of Kansas City, Missouri, Lee Thompson , of Thompson Law Firm, LLC, of Wichita, Robert V. Eye , of Robert V. Eye Law Office, LLC, of Lawrence, and Teresa A. Woody , of The Woody Law Firm PC, of Kansas City, Missouri, were with her on the briefs for appellee.
Mary Ellen Rose , of Overland Park, 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, were on the briefs for amicus curiae Family Research Council.
Stephen Douglas Bonney , of ACLU Foundation of Kansas, of Overland Park, and Brianne J. Gorod and David H. Gans , of Constitutional Accountability Center, of Washington, D.C., were on the brief for amici curiae Constitutional Accountability Center and American Civil Liberties Union Foundation of Kansas.
Richard J. Peckham , of Andover, and Mathew D. Stayer and Horatio G. Mihet , of Liberty Counsel, of Orlando, Florida, were on the brief for amici curiae American Association of Pro-Life Obstetricians & Gynecologists, American College of Pediatricians, and Catholic Medical Association.
Per Curiam:
Section 1 of the Kansas Constitution Bill of Rights provides: "All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness." We are now asked: Is this declaration of rights more than an idealized aspiration? And, if so, do the substantive rights include a woman's right to make decisions...
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