Judge hears arguments in Louisville to temporarily reverse Kentucky's abortion ban

LOUISVILLE, Ky. (WDRB) -- Arguments began Wednesday in a Louisville courtroom over a lawsuit aimed at halting Kentucky's ban on abortion.

The American Civil Liberties Union (ACLU) of Kentucky, and Planned Parenthood Northwest, Hawaii, Alaska, Indiana, Kentucky, filed a state court challenge seeking to block two abortion bans, asserting the Kentucky Constitution protects the right to privacy and bodily autonomy. The lawsuit was filed on behalf of a health care provider and both of Kentucky's abortion clinics in Louisville, Planned Parenthood and the EMW Women's Surgical Center.

Both clinics closed last week after the court decision on Roe was announced. At least 20 appointments were immediately canceled at EMW. According to state reports, there were more than 4,100 abortions in the commonwealth in 2020.

In the lawsuit, the providers are seeking to block a "trigger law" passed in 2019 that Kentucky Attorney General Daniel Cameron has vowed to enforce, and a six-week ban that was previously blocked by a federal court. In written guidance issued Friday, Cameron's office said the only exception to Kentucky's abortion ban is a situation in which a physician deems it necessary "to prevent a pregnant mother’s death, substantial risk of death due to a physical condition, or a serious, permanent impairment to a life-sustaining organ."

At the federal courthouse in downtown Louisville, attorneys for the ACLU and Planned Parenthood presented an abridged version of their case, saying that the new laws in Kentucky force people to carry their pregnancies to term or travel out of state. Counsel for the Kentucky Attorney General's Office said the Supreme Court's decision last week put the responsibility back on the states to rule on the legality of abortion, and the state's General Assembly is the representative body to carry that out.

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The judge said he'd issue a decision on a temporary restraining order in Kentucky's abortion ban either Wednesday or Thursday. Next week, he'll hear full arguments from both sides on an injunction.

In a news conference Friday, Cameron said abortion is "for all intents and purposes over" in Kentucky following Friday’s landmark Supreme Court decision.

"The ACLU of Kentucky is bringing everything it has to the fight for abortion access following this devastating ruling,” said Amber Duke, ACLU of Kentucky interim executive director, in a news release. “As we navigate a future in which the government can force Kentuckians to remain pregnant against their will, we'll be doubling down on our work to end maternal mortality, secure paid leave, and expand access to childcare."

There were 4,104 abortions in Kentucky in 2020, according to the state's most recent annual report. Going forward, women in Kentucky still seeking an abortion will have to go out of state. The more than 20 patients sent away from EMW last week were referred to clinics in Cincinnati, Indiana and West Virginia.

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