Abortion access was just protected by the Kansas Supreme Court

The Kansas Supreme Court ruled on Friday that the state’s constitution protects a women’s right to abortion, a surprisingly pro-choice decision for the traditionally conservative state.

Thanks to the decision, even if Roe v. Wade were overturned, abortion would remain legal in Kansas, according to Geniveve Scott, the lead counsel on the lawsuit and a senior staff attorney at the Center for Reproductive Health. Because the decision was made in the state’s highest court, there is no path for appeal, she said. 

“The recognition of inalienable natural rights in section 1 of the Kansas Constitution Bill of Rights is intended for all Kansans, including pregnant women,” the court’s decision reads. 

Not only will the decision protect abortion access, the ruling will also make it much more difficult for anti-abortion access groups to pass restrictions in the state, including mandatory waiting periods, Scott said.

“This is an incredible decision that really defines what the legal standard now is in Kansas,” Scott said in a telephone interview with CBS News on Friday. “It’s extremely exciting.”

Before Friday, Kansas had historically been one of the most restrictive when it came to abortion access, according to data from the Guttmacher Institute, a reproductive health research organization. The state has only four abortion clinics, and women are required to undergo mandatory counseling and after that wait 24 hours before getting the procedure. Abortion is prohibited after 20 weeks.