Hodes & Nauser, MDS, P.A. v. Schmidt

I concur in the result. I do so because the majority decision provides little guidance for applying strict scrutiny-very rarely used in Kansas-as a meaningful constitutional measure for this legislation. And what guidance it does provide confuses rather than clarifies. For all practical purposes, the majority leaves the trial court to fend for itself. In my view, an issue as troubling as this one requires us to be more instructive. Toward that end, I suggest what our state test should look like using an evidence-based analytical model taken from Whole Woman's Health v. Hellerstedt , 579 U.S.…