Kentucky maintained its near-total abortion ban after the state’s highest court ruled in favor of a challenge to an injunction against the law on Feb. 16.
Justice Debra Lambert said in her judgment that Louisville Circuit Court Judge Mitch Perry was incorrect to suspend enforcement of abortion restrictions in July 2022 and that the appeals court was right to reinstate the bans in August 2022. However, she left open the possibility of hearing a future challenge on whether the right to abortion exists by implication under the Kentucky Constitution.
Lambert ruled on Feb. 16 that the clinics lack standing to challenge the regulations on behalf of their patients, but they could have standing to claim that the state’s abortion limits violate constitutional rights.
“Once again, the Kentucky Supreme Court failed to protect the health and safety of nearly a million people in the state by refusing to reinstate the lower court order blocking the law,” the appellees said in their response to the ruling.
“We are extremely disappointed in today’s decision, but we will never give up the fight to restore bodily autonomy and reproductive freedom in Kentucky.”
“Since the U.S. Supreme Court overruled Roe v. Wade last June, we have vigorously defended Kentucky’s Human Life Protection Act and Heartbeat Law,” Cameron said. “We are very pleased that Kentucky’s high court has allowed these laws to remain in effect while the case proceeds in circuit court.