FRANKFORT, Ky. (FOX 56) – Kentucky abortion clinics are taking appointments again after a state judge blocked enforcement of the state’s trigger abortion ban and a 6-week abortion ban. The ruling doesn’t fully turn back the clock, but rather hits pause as the courts take a closer look.
The block comes after Kentucky’s American Civil Liberties Union and Planned Parenthood organizations filed a lawsuit that claimed the bans were unconstitutional under the state constitution, as the right no longer exists at the federal level. Jefferson Circuit Court granted the emergency restraining order as both organizations continue to litigate.
“Our attorneys successfully argued that Kentucky’s Constitution provides the right to privacy, bodily autonomy, and self-determination,” Interim Executive Director of the ACLU of Kentucky Amber Duke said.
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The state’s only two abortion clinics plan to resume services by Friday. Planned Parenthood Advocates of Kentucky State Director Tamarra Wieder said patients are currently being scheduled.
The restraining order is temporary. The court will pick the case back up next Wednesday, July 6, when the ACLU will argue for a temporary injunction
“If we are granted that that will allow the laws to remain blocked throughout our litigation of the case,” Duke said.
Attorney General Daniel Cameron responded to the ruling saying he will be seeking relief from the order proceedings to stop the legal process from going any further.
“In the wake of an historic victory for life at the nation’s highest court, today, one judge in Kentucky has, without basis in the Kentucky Constitution, allowed two clinics to resume abortions. We cannot let the same mistake that happened in Roe v. Wade, nearly 50 years ago, to be made again in Kentucky. We will be seeking relief from this order.
Attorney General Daniel Cameron
The U.S. Supreme Court made it abundantly clear in Dobbs that decisions about the protection of life should be decided by the states and the people through their representatives. Our General Assembly clearly expressed Kentucky’s support for life by passing the Human Life Protection Act with bipartisan support. We will do everything possible to continue defending this law and to ensure that unborn life is protected in the Commonwealth.”
Despite Cameron’s promise to seek relief, Duke argued the restraining order is not something the Attorney General can appeal.
Cameron has requested a stay of proceedings to stop the legal process from going any further.
On Monday, as the case was filed, Kentucky Right to Life Executive Director Addia Wuchner said her organization was prepared for a court battle.
“So, we expected it. We knew they were going to retract some stuff that were already cases without prejudice in the federal court of appeals. So, it was expected, so I guess I’ll say there’s no surprises there,” she said.
With the state constitution being the final word, already attention is turning to the ballot as voters will decide in November if there should be an amendment to clearly state there is no right to an abortion in Kentucky.
“Our state constitution is what’s providing relief today and it’s all we have for the future,” Wieder said.
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A Kentucky court has temporarily blocked the abortion ban, making the act legal once again in the state.
The court ruling granted a restraining order against the abortion ban. The order was requested by the American Civil Liberties Union (ALCU), ALCU of Kentucky, and Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky.
The lawsuit alleges that the Kentucky abortion ban, triggered by the U.S. Supreme Court’s overruling of Roe v. Wade, violates a woman’s bodily autonomy and rights to privacy.
In response to the granting of the restraining order, Planned Parenthood Federation of America, Planned Parenthood Great Northwest, Hawai’i, Indiana, Kentucky, ACLU, and ACLU of Kentucky released the following statement:
“We’re glad the court recognized the devastation happening in Kentucky and decided to block the commonwealth’s cruel abortion bans. Since the Supreme Court overturned Roe last Friday, numerous Kentuckians have been forced to carry pregnancies against their will or flee their home state in search of essential care. Despite this victory, we know this fight is far from over — especially with politicians like Attorney General Daniel Cameron doing everything they can to score political points at the expense of Kentuckians’ wellbeing. We won’t stop fighting for people’s ability to access the essential abortion care they need in Kentucky. The government should never have the authority to force a person to remain pregnant against their will.”
Kentucky Attorney General Daniel Cameron did not share the same opinion in regards to the passing of the restraining order. He released the following statement:
“In the wake of an historic victory for life at the nation’s highest court, today, one judge in Kentucky has, without basis in the Kentucky Constitution, allowed two clinics to resume abortions. We cannot let the same mistake that happened in Roe v. Wade, nearly 50 years ago, to be made again in Kentucky. We will be seeking relief from this order.”
Judges have also granted similar blocks against the abortion ban in Utah, Texas, and Louisiana.