A nonprofit publication of the Kentucky Center for Public Service Journalism

KY Court of Appeals turns down Attorney General Cameron request to stop abortions


By Jack Brammer
NKyTribune reporter
 
The Kentucky Court of Appeals has denied Attorney General Daniel Cameron’s request to halt abortions in the state.

A 16-page ruling released Saturday by Appeals Chief Judge Glenn Acree keeps abortion legal in Kentucky at least for the time being.

Cameron, a Republican who is running for governor next year, had asked the appellate court to undo a temporary restraining order issued last week by Jefferson Circuit Judge Mitch Perry.

Perry temporarily suspended the state’s 2019 “trigger” law that banned abortions in the state immediately after the U.S. Supreme Court on June 24 said there is no federal constitutional right to abortions.

Perry also temporarily blocked a law that bans abortions at six weeks of pregnancy. The American Civil Liberties Union, ACLU of Kentucky and Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky had requested the judge’s action in a lawsuit.

Cameron appealed Perry’s orders to the Kentucky Court of Appeals.

After Saturday’s appellate court decision to keep Perry’s orders in effect, ACLU of Kentucky said its client, EMW Women’s Surgical Center in Louisville, will continue to offer abortion services as it has done since it resumed full operations Friday.

“We’re glad to see the Court of Appeals agrees the lower court has taken proper emergency action to protect abortion access. Kentucky’s abortion bans remain blocked and abortion remains legal in Kentucky,” said ACLU spokesman Samuel Crankshaw.

“The state constitution protects Kentuckians’ rights to privacy, bodily autonomy, and self-determination. We’ll continue arguing this in court to preserve Kentuckians’ essential right to healthcare. This win is temporary, but we won’t back down in the fight to defend Kentuckians’ most basic rights from extremist politicians like Daniel Cameron.”

Cameron indicated disappointment with the Court of Appeals order and was looking at appealing it to the Kentucky Supreme Court.

Perry is to hold a hearing Wednesday on the abortion rights advocates’ request for a temporary injunction to block the abortion bans while the case is being adjudicated.

Acree said in his Saturday ruling that he could find no legal reason to overturn Perry’s restraining order.

He also said the “trigger law” does not take effect until July 19 under Supreme Court rules.

Cameron has said the law became effective June 24 when the U.S. Supreme Court said there is no federal constitutional right to abortions.


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