Kansas Attorney General Kris Kobach is asking for a new trial after a Johnson County judge (Christopher Jayaram) struck down the Woman’s Right to Know Act last month.
The law, which has protected women’s informed consent rights for decades, was in place to ensure women have full information before an abortion is performed on her.
AG Kobach says there were several major problems with the judge’s ruling, including:
- Judge Jayaram did not consider recent changes to Kansas law. Two new laws regarding abortion informed consent passed by the Legislature (H.B. 2727 and H.B. 2729) took effect July 1, but the ruling did not address those changes.
- Judge Jayaram ruled on behalf of women who were not part of the case. AG Kobach argues the court did not have the authority to rule on behalf of unidentified women (hypothetical patients). Jayaram’s ruling relied on the claims of the abortionist plaintiffs, whose interests in profiting from abortion conflict with their patients’ interests in accessing information about abortion.
- The defense witnesses’ religious beliefs were unfairly used against them. AG Kobach argues this violated protections under both the Kansas Constitution and the First Amendment.
- During the trial, witnesses for the abortionist plaintiffs were readily admitted and credited, while experts and witnesses for the state defendants were excluded. Testimony was one-sided and the state defendants were not allowed a reasonable opportunity to present evidence and be heard.
Attorney General Kobach and the other defendants are now requesting an in-person oral hearing before the Johnson County District Court.
Kansans for Life released the following statement:
Judge Jayaram’s handling of this case was anything but impartial. The Attorney General’s motion highlights the one-sided process Jayaram used to shut out key evidence and singlehandedly revoke the commonsense informed-consent protections women relied on for decades.
After taking nearly ten months to issue a decision following the trial, Judge Jayaram released his ruling just hours before being sworn in as a justice on the Kansas Supreme Court. Women deserve to know the truth before an abortion. Kansans deserve judges who respect the law, not act like politicians in robes.
Kansans for Life strongly supports the Attorney General’s request for a new trial.
** On Wednesday, September 2nd, Attorney General Kris Kobach filed an appeal with the Kansas Supreme Court.