Filed Date: Nov. 8, 2018
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On November 8, 2018, the Trust Women Foundation ("Trust Women") challenged a law that would have prohibited the provision of abortion care via telemedicine in Kansas.
Trust Women is a reproductive health care clinic in Kansas that has relied on telemedicine to expand its practice and meet patient requests for remote care. The Center for Reproductive Rights and a private attorney represented Trust Women in the lawsuit, which they brought in Kansas' third Judicial District (Shawnee County), in Division 7. Specifically, Trust Women challenged Section 6 of the House Bill 2028, the Kansas Telemedicine Act (hereinafter “the Act”), which was scheduled to take effect on January 1, 2019. The Act backed up and enforced the external statute K.S.A. § 65-4a10, which banned abortions administered through telemedicine. The Act also said physicians may no longer provide abortion-inducing medication when in a different room than the patient. Trust Women argued that the Act burdened patients' state constitutional right to abortion, was enacted with the improper purpose of burdening patients' rights, denied equal protection to abortion patients and providers; and further, was severable from the rest of the Act. Trust Women requested declaratory judgment and injunctive relief.
On December 31, 2018, Judge Frank Thesis approved a temporary injunction and temporary restraining order. Judge Thesis ruled that the case was controlled by an existing temporary restraining order against the state in Hodes & Nauser v. Moser, a case that challenged K.S.A. § 65-4a10 itself. This was a favorable outcome for Trust Women on the merits; however, procedurally, Judge Thesis also dismissed the case because there was no independent remaining issue about the Act.
However, the State appealed on January 30, 2019; and also asserted that other non-enjoined Kansas regulators could enforce a ban on telemedicine abortion. Little additional information is available to the public about that appeal. The court issued a memorandum judgment on February 19, 2019 and granted a stay of the preexisting injunction on March 5, 2019, but the Clearinghouse does not have access to the associated documentation. Given the threat that non-enjoined Kansas regulators could enforce the ban on telemedicine abortion, Trust Women filed a second suit against those other regulators: Trust Women Foundation Inc. v. Bennett.
Summary Authors
Sophia Bucci (11/27/2022)
Hodes & Nauser, MDs, P.A. et al. v. Robert Moser, M.D et al., Kansas state trial court (2011)
Trust Women Foundation Inc. v. Bennett, Kansas state trial court (2019)
Last updated Aug. 30, 2023, 1:29 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Kansas
Case Type(s):
Key Dates
Filing Date: Nov. 8, 2018
Case Ongoing: Unknown
Plaintiffs
Plaintiff Description:
A reproductive health care clinic in Kansas that relies on the ability to provide telemedicine abortion
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Center for Reproductive Rights
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Unknown
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Issues
Reproductive rights:
Method-based abortion procedures
Reproductive health care (including birth control, abortion, and others)
Affected Sex or Gender:
Medical/Mental Health:
Type of Facility: