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AG Schmidt: Kansas Supreme Court should halt abortion regulation proceedings until Value Them Both amendment vote

FILE - Lawmakers and lobbyists gather on the steps of the Kansas Statehouse in support of the...
FILE - Lawmakers and lobbyists gather on the steps of the Kansas Statehouse in support of the Value Them Both Amendment on Tuesday, January 12, 2021.
Published: Oct. 22, 2021 at 6:08 PM CDT
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TOPEKA, Kan. (WIBW) - Until a 2022 vote on the Value Them Both amendment, Attorney General Derek Schmidt would like the Supreme Court to halt any further proceedings on Kansas’s regulation of abortion.

Attorney General Derek Schmidt says until the Value Them Both constitutional amendment vote in August 2022, the Kansas Supreme Court should put a hold on any further proceedings in an appeal regarding the state’s regulation of abortion.

AG Schmidt said he filed the motion this week in the appeal of Hodes & Nauser v. Schmidt. In an earlier proceeding in the case, he said in 2019, the Kansas Supreme Court found a previously undiscovered right to abortion in the state constitution. Legislators responded in 2021 with a vote placed before Kansas on a proposed amendment to the Kansas Constitution which would reverse the ruling.

In the motion filed this week, Schmidt said the public vote is 10 months away, and if approved, would eliminate the legal basis for the suit.

“Proceeding with this appeal while a vote on the Value Them Both Amendment is pending risks needlessly wasting the time and resources of the parties and this Court. In addition, it is unlikely that this appeal will conclude before the August 2, 2022, election in any event,” Schmidt wrote the court. “If the Value Them Both Amendment is adopted, any additional proceedings will have been for nothing. A stay of proceedings is in the interest of judicial economy and would allow the people of Kansas to express their will on this important constitutional question before potentially unnecessary litigation occurs.”

To read the full copy of the motion, click HERE.

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