The case had been scheduled for trial in March to determine the larger question of whether the significant costs for abortions many women must now pay for themselves create a substantial burden on the federal right to an abortion. The joint stipulation of dismissal which prohibits the ACLU from raising the claims again or appealing the judge’s earlier ruling effectively ends the case
WICHITA, Kan. – The American Civil Liberties Union ended its legal challenge Friday to a Kansas law restricting private health insurance coverage for abortions.
A court filing shows the parties have agreed to dismiss all remaining claims, with each side bearing its own costs and attorneys’ fees.
The agreement follows a federal judge’s Jan. 7 ruling that, as a matter of law, the ACLU failed to provide any evidence that the Legislature’s predominant motivation in passing the 2011 law was to make it more difficult to get abortions.
The Kansas law prohibits private insurance companies from offering coverage for abortions in their general plans except for when a woman’s life is in danger. Kansas residents or employers who want abortion coverage must buy supplemental policies, known as riders.
“We are disappointed that the court’s decision will stand, despite the fact that the American public believes that politicians have no place interfering with a woman’s personal and private medical decisions,” ACLU attorney Brigitte Amri said. “A woman should have the peace of mind of knowing that her insurance will cover her medical needs no matter what happens during her pregnancy.
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