Kentucky appeals court reinstates near-total abortion ban


A Kentucky judge reinstated the state’s near-total abortion ban on Monday, reversing a lower court order less than two weeks ago that temporarily allowed proceedings to continue in the state. State.

The decision by Kentucky Court of Appeals Judge Larry E. Thompson means that abortions are once again illegal in the state unless the mother is in danger of death or serious permanent injury, with no exceptions for rape or incest. Health workers who provide abortion services can face up to five years in prisoneven if the mothers are not subject to criminal liability.

The order came in response to a request by Kentucky Attorney General Daniel Cameron (R) for the appeals court to overturn a July 22 decision by Jefferson Circuit Judge Mitch Perry, who s sided with the abortion providers.

Last month, Perry granted an injunction preventing Kentucky’s abortion ban from taking effect after the Supreme Court overturned it. Roe vs. Wade in June. Perry sided with two abortion clinics that said the bans were unconstitutional because they violated the rights to privacy and self-determination enshrined in the state constitution.

In his decision, Perry found there was a “substantial likelihood” that the bans were unconstitutional in Kentucky and blocked the abortion restrictions from taking effect until a final ruling on their constitutionality could be made. be taken by state courts.

But Thompson overruled Perry, on the grounds that allowing abortions — even temporarily — is unfair because the proceedings would be irreversible, if state courts later decide abortion restrictions are constitutional. “The Court emphasizes, however, that it expresses no opinion on the merits of the underlying litigation,” he added.

Ky. Republicans Override Veto, Impose Sweeping Abortion Restrictions

Cameron praised Thompson’s decision. “I appreciate the court’s decision to allow Kentucky’s pro-life laws into effect as we continue to vigorously defend the constitutionality of these important protections for women and unborn children,” the prosecutor said. General of Kentucky. said.

Cameron is finally seeking permission from the state Supreme Court to let the Human Life Protection Act, which bans abortions with almost no exceptions, and the Heartbeat Act, which bans abortions after approximately six weeks of pregnancy, be enforced as he argues against abortion rights advocates who say the bans go against Kentucky’s constitution.

Cameron is candidate for governor and was approved by former President Donald Trump.

Family Planning Greater Northwest, Hawaii, Alaska, Indiana, Kentucky — one of two reproductive health clinics asking courts to overturn Kentucky’s abortion bans — said this will help residents find out-of-state abortion options.

Outside of Kentucky, abortion court battles are unfolding in Michigan, Louisiana, North Dakota and Wyoming, among other states, according to the Washington Post tracker.

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