Judge Blocks Abortion Regulations, Keeping Abortion Facilities Open in Kansas

(PRESS RELEASE) Late
today, a federal district judge in Kansas blocked enforcement of the
new licensing regulations for abortion providers until the case is
resolved. The ruling means that none of the three abortion providers in
the state will shut down.

“This
is a tremendous victory for women in Kansas and against the underhanded
efforts of anti-choice politicians to shut down abortion providers in
the state,” said Nancy Northup, president and CEO of the Center for
Reproductive Rights. “The facts were clear — this licensing process had
absolutely nothing to do with patient health or safety and everything to do with political shenanigans.”

The
Center for Reproductive Rights filed a legal challenge against the law
on Tuesday, June 28, and had asked Judge Carlos Murguia to grant a
preliminary injunction.

The
Center for Reproductive Rights is representing one of the three
abortion providers in Kansas, a private OBGYN practice in Overland Park
operated by father-daughter team Dr. Herbert Hodes and Dr. Traci Nauser
in court.

The
new regulations were scheduled to go into effect today, but were only
issued to abortion providers two weeks earlier on June 17. Under the
new rules, abortion providers must meet a number of extensive physical
plant requirements including procedure rooms that are at least 150
square feet, 50 square feet of storage space for janitor’s supplies per
procedure room, and designated dressing rooms for staff.

The
Center argues that the regulations and licensing process violate the
due process rights of plaintiffs, and place an undue burden on their
patients by effectively banning the performance ofabortions at most of
the facilities that currently provide those services. In addition, the
lawsuit argues that the new rules and licensing process are irrational,
medically unnecessary, and impose more stringent requirements than
those imposed on other providers of office-based surgeries, and in some
cases, more stringent than those imposed on hospitals and ambulatory
surgery centers.

Aid
for Women in Kansas City, Kansas, joined the Center’s case yesterday
and is represented by Cheryl Pilate of Morgan Pilate LLC.