August 8, 2022
Court of Appeals restores Kentucky’s nearly complete abortion ban

A Kentucky appeals court has restored a nearly total abortion ban This took effect when the US Supreme Court overturned Roe v. Wade.

The ruling means most abortions in the state are illegal for now.

Attorney General Daniel Cameron asked the court for an emergency stay, which blocked the lower court’s decision. Last month’s decision by a Louisville judge banned the two abortions so courts could determine whether they violate Kentucky’s constitution.

Two of the state’s clinics issued a media release Monday night announcing that “abortion is now banned in Kentucky,” and that they have begun to cancel scheduled procedures.

Abortion Fights Front Line: Fear, Shouts and the Supreme Court
Volunteer clinic escorts patients wait outside the EMW Women’s Surgical Center on Tuesday, September 28, 2021 in Louisville, Kentucky, US.

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The decision will be appealed to the Kentucky Supreme Court.

“Tonight, in a fatal moment, Kentuckians witnessed their reproductive freedom being stolen by their elected officials,” said Alexis McGill Johnson, president of the Planned Parenthood Federation of America. “It’s devastating and brutal. But the fight isn’t over.”

The Court of Appeals held that the ban must be in effect even if the laws are in dispute because, in Kentucky, “a statute presupposes constitutionality with it.”

Kentucky’s legislature passed a “trigger law” banning almost all abortions, except when Roe was reversed, threatening the mother’s health. Lawmakers also passed a separate 6-week ban which was also challenged by clinics.

Lower court judge, Mitch Perry, ruled on July 22 that there is “a substantial possibility” that Kentucky’s new abortion laws violate the “rights to privacy and self-determination” protected by Kentucky’s Constitution.

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