Hodes & Nauser MDs, P.A., et al. v. Schmidt & Howe


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(REVISED 6.2.2016) This lawsuit, filed on June 1, 2015, challenges a Kansas law (SB95) banning the most commonly used method of ending a pregnancy in the second trimester—a law that could force some women to undergo an additional invasive unnecessary medical procedure even against the medical judgment of her physician.  The law was slated to take effect July 1, 2015.  Kansas Governor Brownback signed SB 95 in April 2015 over the objections of local and national medical experts.

Major medical groups oppose political interference and medically unnecessary procedures similar to what is found in SB 95. In an amicus brief opposing the measure, the American Congress of Obstetricians and Gynecologists (ACOG) stated that SB 95 "raises serious safety and health concerns for women as well as intrudes unnecessarily into the patient-physician relationship."

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

Center Attorney(s): Janet Crepps and Genevieve Scott

Case Summary: This lawsuit—filed on behalf of a father-daughter team of board certified ob-gyns with 40 years of combined experience in comprehensive women’s health care —seeks to block SB 95, which prohibits them from providing abortions using a safe, effective, and medically-proven method of abortion to many of their patients seeking care in the second trimester of pregnancy. 

We filed our complaint in state court on June 1, 2015. The judge granted the Plaintiffs\' request for a temporary injunction on June 25, 2015. The law is blocked while the case proceeds. The State appealed the the temporary injunction and oral argument took place in front of the full Kansas Court of Appeals on December 9. On January 22, 2016, the Court of Appeals upheld the district court's decision, ruling that Kansas women have a right to abortion under the Kansas Constitution. The State filed an appeal of the decision with the Kansas Supreme Court and, after the Plaintiffs\' agreed that the case should be reviewed, the Court granted the appeal on April 11. The two parties will file their briefs with the Kansas Supreme Court by the end of June. Oral argument took place on March 16, 2017.  Awaiting a ruling.