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

(REVISED 1.19.22) 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 that does not meet burdensome and medically unnecessary licensing regulations.

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): Hillary Schneller

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.  It would impose medical practice requirements that are onerous and unrelated to the standard of care, including a requirement – opposed by leading medical associations – that dotors performing abortions have admitting privileges at a local hospital.  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 serves no purpose other than 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.

On January 30, 2019, the State filed a motion to dissolve the injunction in this case as it relates to the in-person requirement for medication abortions.  The State has also filed an appeal challenging Plaintiffs’ standing in the case. Following briefing and oral argument, the Kansas Court of Appeals dismissed the State’s appeal on February 16, 2021. Both parties then moved for summary judgment and, on December 3, the trial court granted a permanent injunction, striking down the TRAP scheme for violating the fundamental rights to personal autonomy and equal protection guaranteed by the Kansas Constitution.

The Center previously filed a federal lawsuit, that successfully blocked enforcement of an earlier set of licensing regulations. Click here for more information about the federal case.