“Section 1 of the Kansas Constitution Bill of Rights acknowledges a person’s inalienable right to life, but that right is not absolute or nonforfeitable,” the majority opinion said. ![]() The Supreme Court decision clearly shot down the Carrs’ claim that imposing the death penalty violated their right to life. Schmidt, a Republican, is challenging Democratic Gov. It increasingly appears that the Hodes decision, which I continue to believe was erroneous as a matter of state constitutional law, may apply only to abortion, and Kansas voters will have the opportunity in August to correct that mistaken interpretation of our state constitution through the public vote on the proposed Value Them Both Amendment.” “But it also is important because the Kansas Supreme Court has now limited the effect of its Hodes & Nauser decision. “Today’s decision is important principally because of what it means for justice in the horrific murders committed by the Carr brothers in Wichita,” Schmidt said in a statement. The proposed amendment is designed to prevent the court from citing the state Constitution to overturn abortion restrictions passed by the Legislature. ![]() ![]() The Supreme Court disagreed, but Schmidt used the Carr appeals as a springboard to campaign for the “Value Them Both” amendment on the August primary election ballot. The Carrs argued that under Section 1, the state could not constitutionally deprive them of their lives by imposing the death penalty.
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