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

No. 114,153.

440 P.3d 461 (2019)

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.

Supreme Court of Kansas.

Opinion filed April 26, 2019.


Attorney(s) appearing for the Case

Stephen R. McAllister , solicitor general, argued the cause, and Sarah E. Warner and Shon D. Qualseth , of Thompson Ramsdell Qualseth & Warner, P.A., of Lawrence, Jeffrey A. Chanay , chief deputy attorney general, Dennis D. Depew , deputy attorney general, Dwight R. Carswell , assistant solicitor general, Bryan C. Clark , assistant solicitor general, and Derek Schmidt , attorney general, were with him on the briefs for appellant.

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.

Frederick J. Patton, II , of Patton and Patton Chartered, of Topeka, and Teresa S. Collett , of Saint Paul, Minnesota, were on the briefs for amicus curiae Kansans for Life.

Mark P. Johnson , of Dentons US LLP, of Kansas City, Missouri, was on the brief 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., were on the briefs for amicus curiae American College of Obstetricians and Gynecologists.

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.


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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