U.S. District Judge Carlos Murguia's injunction will remain in effect until a trial is held in a lawsuit challenging the Kansas rules. A new licensing law and state health department regulations had taken effect Friday, and abortion providers were given the latest version of those regulations less than two weeks ago.
The new law requires hospitals, clinics and doctor's offices to obtain an annual license from the Kansas Department of Health and Environment to perform more than five non-emergency abortions in a month. The regulations tell abortion providers what drugs and equipment they must stock and, among other things, establish minimum sizes and acceptable temperatures for procedure and recovery rooms.
In blocking the law, Murguia said evidence presented in court documents showed the providers would "suffer irreparable harm" through the loss of business and patients, and that at least two women currently seeking abortions would be harmed by not being able to go to the provider of their choice.
The licensing law was part of a wave of anti-abortion measures enacted this year by Kansas and other states with new Republican governors or GOP-dominated legislatures. Utah and Virginia are also imposing new regulations on abortion providers, but Kansas moved with unusual speed to enact its rules by Friday — a major issue in the lawsuit.Interestingly enough, one of the state's three providers--Planned Parenthood--had actually met the requirements and had been issued a license to perform abortions.
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