Posted on Jul 30, 2022
Kansas attorney general's opinion criticized as spin to promote anti-abortion amendment
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Abortion rights advocates dismiss a legal opinion from Kansas Attorney General Derek Schmidt as a ploy intended to bolster the chances of passing a change to the state constitution.
Schmidt’s office issued a legal opinion contending that the change to the Kansas Constitution would not restrict treatments for medically dangerous pregnancies. Schmidt backs the amendment.
But groups opposing the amendment — and the prospect it raises of an abortion ban in Kansas — said the attorney general’s opinion was driven more by political motivation than any effort to clarify the law regarding ectopic pregnancies.
A pregnancy is ectopic when the fertilized egg implants outside the uterus, often in one of the fallopian tubes. Ectopic pregnancies are not viable and can threaten a woman’s life.
Christina Bourne, the medical director of the Trust Women clinic in Wichita, said legal uncertainty surrounding ectopic pregnancy termination is already scaring away some doctors from performing a procedure that can save lives
Schmidt’s office issued a legal opinion contending that the change to the Kansas Constitution would not restrict treatments for medically dangerous pregnancies. Schmidt backs the amendment.
But groups opposing the amendment — and the prospect it raises of an abortion ban in Kansas — said the attorney general’s opinion was driven more by political motivation than any effort to clarify the law regarding ectopic pregnancies.
A pregnancy is ectopic when the fertilized egg implants outside the uterus, often in one of the fallopian tubes. Ectopic pregnancies are not viable and can threaten a woman’s life.
Christina Bourne, the medical director of the Trust Women clinic in Wichita, said legal uncertainty surrounding ectopic pregnancy termination is already scaring away some doctors from performing a procedure that can save lives
Kansas attorney general's opinion criticized as spin to promote anti-abortion amendment
Posted from kcur.org
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Posted 2 y ago
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Again, a political hack trying to "practice medicine" with no apparent understanding of all the various ways a pregnancy can go sideways. It's not just ectopic pregnancies that endanger women's lives
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PO1 William "Chip" Nagel
..."Schmidt’s opinion notes that an abortion is the termination of a pregnancy, and that’s defined as having an “unborn child in the mother’s body.” The opinion says at least two laws define an unborn child as being in the womb, not outside it. The opinion also argues that the embryo in an ectopic pregnancy is no longer in a stage “leading to birth.”
“On balance, we believe the best interpretation is that the termination of an ectopic pregnancy does not constitute an abortion as defined by Kansas law,” Schmidt wrote, adding that even if it were, state law has consistently allowed abortions to save a patient’s life.
Also, the state health department said it does not require providers to report the termination of an ectopic pregnancy as an abortion and does not include such procedures in state abortion statistics.
But opponents of the Kansas amendment find no comfort in Schmidt’s legal analysis, saying the measure would allow lawmakers to change the definition of abortion. Dr. Beth Oller, a family physician in Rooks County in northwest Kansas, said Monday that if abortion is banned, doctors might wonder how long they’d have to wait for a woman to be “in jeopardy for her life” before ending an ectopic pregnancy.
“We know that the reason for the amendment is to allow the Legislature to make decisions to restrict reproductive access,” she said in a text to The Associated Press."
..."Schmidt’s opinion notes that an abortion is the termination of a pregnancy, and that’s defined as having an “unborn child in the mother’s body.” The opinion says at least two laws define an unborn child as being in the womb, not outside it. The opinion also argues that the embryo in an ectopic pregnancy is no longer in a stage “leading to birth.”
“On balance, we believe the best interpretation is that the termination of an ectopic pregnancy does not constitute an abortion as defined by Kansas law,” Schmidt wrote, adding that even if it were, state law has consistently allowed abortions to save a patient’s life.
Also, the state health department said it does not require providers to report the termination of an ectopic pregnancy as an abortion and does not include such procedures in state abortion statistics.
But opponents of the Kansas amendment find no comfort in Schmidt’s legal analysis, saying the measure would allow lawmakers to change the definition of abortion. Dr. Beth Oller, a family physician in Rooks County in northwest Kansas, said Monday that if abortion is banned, doctors might wonder how long they’d have to wait for a woman to be “in jeopardy for her life” before ending an ectopic pregnancy.
“We know that the reason for the amendment is to allow the Legislature to make decisions to restrict reproductive access,” she said in a text to The Associated Press."
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