This paper is focused on a narrow matter, namely, the nature of the standard of judicial review adopted by the Kansas Supreme Court in Hodes & Nauser v. Schmidt. 2 The most important (and decisive) point to emphasize is that the standard of judicial review adopted by the court in Hodes is so rigorous that it is likely to unsettle existing abortion law in Kansas and result in a legal landscape for abortion in this state that is more permissive of abortion than either the current federal standard or the original federal standard established by Roe v. Wade.
In order to appreciate the expansiveness of the court’s holding, one needs to understand Roe v. Wade and the 1992 case which altered its impact, Planned Parenthood v. Casey. This paper provides a brief sketch of the key, relevant aspects of those two cases, background which demonstrates the astonishing breadth of the Hodes decision.
Elizabeth R. Kirk, IMPACT OF THE STRICT SCRUTINY STANDARD OF JUDICIAL REVIEW ON ABORTION LEGISLATION UNDER THE KANSAS SUPREME COURT’S DECISION IN HODES & NAUSER V. SCHMIDT (Charlotte Lozier Institute, On Point ser. No.42, 2020).