I believe going forward the biggest challenge is defending those limitations and restrictions on the books and I think they will be subject to legal challenge and defending them going forward.
Defend existing abortion restrictions and limitations on the books against legal challenge.
Occurrences
Evidence
"the biggest challenge will be defending those restrictions and limitations that are already on the books," Schmidt said.
DEREK SCHMIDT, in His Official Capacity as Attorney General of the State of Kansas, ... Appellants.
Assessments
Schmidt explicitly promised to defend existing Kansas abortion restrictions against legal challenge, and the record shows he did so in his official capacity as Kansas attorney general in Hodes & Nauser v. Schmidt. Because the promised action was legal defense rather than a guaranteed court victory or enactment of new restrictions, his direct participation as the named state appellant is sufficient for delivery. The timing fits his same state-office term rather than a later unrelated completion by other officials.
Schmidt promised to defend Kansas abortion restrictions already on the books against legal challenge, and the record shows he did so in his official capacity as Kansas attorney general, including as appellant in Hodes & Nauser v. Schmidt defending state abortion restrictions. Because the promised action was to defend the laws, not necessarily to prevail in court or enact new restrictions, the available evidence supports delivery during the relevant same-term official capacity.