State: Hodes & Nauser, MDs, P.A. et al. v. Robert Moser, M.D et al.

This case challenges a regulatory scheme that would have gone into effect on November 14, 2011.  If enforced, the scheme would prevent the provision of abortion services in any medical establishment not licensed as an abortion facility, even where prompt termination of pregnancy is needed to prevent serious harm to the woman’s health. 

Case filed: November 9, 2011

State: Kansas

Plaintiff(s): Hodes & Nauser, MDs, P.A., Herbert Hodes, M.D. and Traci Nauser, M.D.

Center Attorney(s): Stephanie Toti

Co-Counsel/Cooperating Attorneys: Teresa Woody, of The Woody Law Firm PC; LJ Leatherman, of Palmer, Leatherman, White & Dalton, LLP

Summary: This case challenges a regulatory scheme that would have gone into effect on November 14, 2011.  If enforced, the scheme would prevent the provision of abortion services in any medical establishment not licensed as an abortion facility, even where prompt termination of pregnancy is needed to prevent serious harm to the woman’s health.  It would impose medical practice requirements that are onerous, unrelated to the standard of care, irrational, and that have no more relevance to abortion procedures than to other medical procedures performed in similar settings in this state.  Moreover, the regulatory scheme singles out the few Kansas physicians who provide abortions from among all other physicians in the state for the imposition of these burdensome and unjustified requirements.  This discriminatory treatment and the specific requirements imposed by the regulatory scheme are not rationally related to any legitimate state interest, and they would serve only to punish and harm the physicians who provide and women who seek legally- and constitutionally-protected abortion services.  On November 9, the Center sought injunctive relief to prevent these harms and the violation of rights secured to our clients and their patients by the Kansas Constitution.  We received a temporary restraining order against the permanent regulations on November 10, and the court has subsequently enjoined the law throughout the remainder of the lawsuit.

The Center previously filed a federal lawsuit, successfully blocking enforcement of a previous set of temporary regulations in July 2011. Click here for more information about the federal case.

Status: 
Open
Owner: 
The Center