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Abortion issue sparks first tie vote for state appeals court

Associated Press - February 14, 2016 8:44 pm

A Kansas lawmaker says some state courts have failed to comply with a new state law on public requests for probable cause statements.

A split vote last month on an abortion issue is the first time in Kansas Court of Appeals’ history that it has reached a deadlock.

The 14-member court was evenly divided in a Jan. 22 vote on whether the Kansas Constitution guarantees the right to an abortion.

The main reasons there have been no previous ties is that that initially the court had seven members, and normally decisions are made by three-judge panels.

The Topeka Capital-Journal (bit.ly/1TdrHBn) reports the January session was the first time the court had met as a whole, or en banc, since 1983.

The tie meant a Shawnee County District Court ruling that prevented a ban on a second-trimester abortion procedure from taking effect was affirmed.


Information from: The Topeka (Kan.) Capital-Journal, http://www.cjonline.com.

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