ACLU appeals Kentucky court decision that reinstated near-total ban on abortion

LOUISVILLE, Ky. (WDRB) — As expected, the ACLU was quick to file an appeal on Tuesday of the Kentucky appeals court decision that reinstated a near-total abortion ban in the state.

The ban took effect when the U.S. Supreme Court overturned Roe v. Wade. The ruling means most abortions are illegal in the state, for now.

ACLU attorneys for the EMW Women's Surgical Clinic and Planned Parenthood in Louisville filed an appeal to the Kentucky Supreme Court on Tuesday.

Attorney General Daniel Cameron asked the court for an emergency stay, which blocked a lower court's ruling. That ruling by Jefferson County Circuit Court Judge Mitch Perry last month put two abortion bans on hold so the courts could determine if they violate Kentucky's constitution.

In their motion to the Kentucky Supreme Court, the clinics said that ruling had “upended 50 years of the status quo" by essentially halting abortion access in Kentucky. As a result, women previously scheduled to receive abortions are now being turned away, the filing said.

“The challenged bans have eliminated access to abortion in Kentucky and they are imposing irreparable harm on plaintiffs and their patients in a variety of ways, including by forcing Kentuckians to remain pregnant, and eventually give birth, against their will,” the motion said.

The state's two clinics issued a release Monday night that said "abortion is now banned in Kentucky," and said they began canceling scheduled procedures.

In a social media post Monday evening, Cameron said he appreciated the appellate judge's decision to allow the two laws to take effect “while we continue to vigorously defend the constitutionality of these important protections for women and unborn children across the commonwealth.” Cameron's office did not immediately respond to the appeal filed Tuesday.

Kentucky’s trigger law was meant to ban abortions as soon as the U.S. Supreme Court overturned Roe v. Wade in late June. The Kentucky law contains a narrow exception allowing a physician to perform an abortion if necessary to prevent the death or permanent injury of the pregnant woman.

Kentucky lawmakers also passed a separate six-week ban that the clinics are challenging.

The lower court judge, Mitch Perry, ruled on July 22 that there is "a substantial likelihood" that Kentucky's new abortion laws violate "the rights to privacy and self-determination" protected by Kentucky's constitution.

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