TOPEKA — Enforcement of a Kansas abortion law based in junk science has been indefinitely delayed, in what abortion providers call a temporary relief for a “dangerous and misleading” practice.
On Tuesday, Kansas abortion providers reached an agreement with Kansas Attorney General Kris Kobach to not enforce a new law on “abortion reversal” until the resolution of their original motion for temporary injunction. A hearing is set for August.
Kobach said the temporary halt was the most effective way to proceed with the lawsuit.
“The portions of the act that existed prior to 2023 remain in full effect,” Kobach said. “The new portions are only temporarily delayed during the first phase of litigation. The parties have agreed that this is the most efficient way to proceed.”
The agreement comes after a June 6 lawsuit combating the “abortion reversal” law, filed in the Johnson County District Court. Other restrictions challenged in the lawsuit include a 30-minute wait time between meeting with an abortion provider and receiving abortion care, and bureaucratic requirements on font size, typeface and color for abortion form-related communications. The plaintiffs, including Hodes and Nauser of the landmark 2019 abortion case and Comprehensive Health of Planned Parenthood Great Plains, asked the court to block the law before it takes effect July 1.
“This development offers our providers temporary relief from a new law that would force them to lie to patients with dangerous and misleading information about ‘abortion pill reversal, ’ “said Emily Wales, president and CEO, Planned Parenthood Great Plains. “But the long-term work continues to ensure providers always have open and honest conversations with patients and that patients have the information to give accurate and informed consent.”
The law requires abortion providers statewide to tell patients the effects of mifepristone, the first of two pills used in medication abortion, is reversible.
Supporters of the “reversal” method point to a debunked study to claim pregnancy can be preserved if the pregnant person takes progesterone within a certain time frame after taking the first abortion pill. Other studies have shown the process has significant health risks, including hemorrhaging. The legislation passed in late April, following a Republican push to override Democratic Gov. Laura Kelly’s veto.
Danielle Underwood, spokeswoman for the anti-abortion organization Kansans for Life, said the organization supports Kobach’s efforts to litigate.
“We appreciate the Attorney General’s efforts to vigorously fight back against this unprecedented attack on a woman’s right to make an informed decision before undergoing an abortion,” Underwood said.
Under the law, physicians who refuse to talk to their patients about “abortion reversal” on more than one occasion could face up to a year of jail time. Health care facilities that prescribe or administer mifepristone would be fined $10,000 if they refuse to put up a mandatory notice.
Defendants in the case include Kansas Attorney General Kris Kobach, Johnson County District Attorney Stephen Howe, Sedgwick County District Attorney Marc Bennett, along with Susan Gile and Ronald Varner, officials from the Kansas Board of Healing Arts.
