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

No. 125,051.

551 P.3d 62 (2024)

HODES & NAUSER, MDS, P.A., and Traci Lynn Nauser, M.D., Appellees, v. Janet STANEK, in Her Official Capacity as Secretary of the Kansas Department of Health and Environment; Stephen M. Howe, in His Official Capacity as District Attorney for Johnson County, Kansas; and Kris Kobach, in His Official Capacity as Attorney General for the State of Kansas, Appellants.

Supreme Court of Kansas.

Opinion Filed July 5, 2024.

Attorney(s) appearing for the Case

Anthony J. Powell, solicitor general, argued the cause, and Brant M. Laue, former solicitor general, Jeffrey A. Chanay, former chief deputy attorney general, Dwight R. Carswell, deputy solicitor general, Shannon Grammel, former deputy solicitor general, Kurtis K. Wiard, assistant solicitor general, and Derek Schmidt, former attorney general, were with him on the briefs for appellants.

Caroline Sacerdote, pro hac vice, of Center for Reproductive Rights, of New York, New York, argued the cause, and Hillary Schneller, pro hac vice, of the same organization, and Teresa A. Woody, of The Woody Law Firm P.C., of Kansas City, Missouri, were with her on the brief for appellees.

At issue are a series of statutes and implementing regulations ("Challenged Laws") relating to licensure of abortion provider facilities. An abortion care facility and its doctors ("Providers") challenged the constitutionality of the Challenged Laws and requested the Shawnee County District...

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