The state’s highest court determined the Kansas Constitution’s Bill of Rights included a fundamental right of women to make decisions about bodily autonomy that included termination of a pregnancy.
At first, I said, "How can they pass a law like this, if the right to abortion is enshrined in their state constitution?"
Then I realized that if this law passes, they know it will be contested in court and they can keep appealing till it gets to the extreme court. And they're hoping the 6 extremes will rule in their favor.
This actually raises an interesting question. In the Dobbs decision, SCOTUS said, "Let the people and their elected representatives decide." But what happens if the people decide one thing (the constitutional provision) and their elected representatives come along later and decide something else? Sammy, Beer Boy, and the other 4 conservatives claimed that setting abortion policy should not be the job of the Supreme Court, but it looks like the joke may be on them.
Of course, they could always decline to hear the case when it gets to them, but how likely is that, I wonder? (Hint: Not very.)
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