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Abortion will be legal in Kansas even if Roe v. Wade falls, the state Supreme Court just ruled

The Kansas Supreme Court ruled on Friday that the state’s constitution protects a women’s right to abortion, a surprisingly pro-choice decision for the traditionally conservative state.

Thanks to the decision, even if Roe v. Wade were overturned, abortion would remain legal in Kansas, according to Geniveve Scott, the lead counsel on the lawsuit and a senior staff attorney at the Center for Reproductive Health. The decision will also make it much more difficult for the state to pass regulations restricting the procedure, like admitting privilege requirements and mandatory waiting periods, Scott said in a telephone interview with CBS News on Friday.

“This is an incredible decision that really defines what the legal standard now is in Kansas,” Scott said in a telephone interview with CBS News on Friday. “It’s extremely exciting.”

Because the decision was made in the state’s highest court, there is no path for appeal, she said.

“The recognition of inalienable natural rights in section 1 of the Kansas Constitution Bill of Rights is intended for all Kansans, including pregnant women,” the court’s decision reads.

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