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Kentucky Supreme Court denies state AG’s request to have abortion ban reinstated

The Kentucky Supreme Court on Tuesday denied the state attorney general’s emergency appeal to have a near-total abortion ban that was blocked by a circuit court judge last week reinstated, according to reports. 

The U.S. Supreme Court’s decision in late June to overturn Roe v. Wade triggered a Kentucky law, the Human Life Protection Act, that bans all abortions aside from those performed to save the mother’s life or prevent her serious injury. 

The American Civil Liberties Union filed a lawsuit on behalf of state abortion providers last week alleging the law unconstitutionally forces women to “remain pregnant against their will.”

Jefferson County Circuit Court Judge Mitch Perry last week issued a temporary restraining order on the law and another law that blocks abortions after six weeks. 

KENTUCKY ABORTION LAW TRIGGERED BY SUPREME COURT DECISION BLOCKED BY JUDGE

Since then, abortions have continued in the state. 

On Saturday, the Kentucky Court of Appeals denied Attorney General Daniel Cameron’s request to stay the decision and the state high court denied his Sunday request on Tuesday, WDRB-TV reported.

“The [state] Supreme Court’s decision to continue delaying enforcement of Kentucky’s Human Life Protection Act and Heartbeat Law is disappointing,” Cameron said Tuesday. “We will not be deterred in defending these important laws, and our team will make a strong case tomorrow in Jefferson Circuit Court to have the laws reinstated.”

MORE THAN 2 DOZEN STATES TO RESTRICT ABORTIONS AFTER ROE V. WADE OVERTURNED

The outside of Louisville's Planned Parenthood is shown on April 14, 2022.  A judge cleared the way Thursday, June 30, for abortions to resume in Kentucky, temporarily blocking the state’s near-total ban on the procedure that was triggered by the Supreme Court ruling that overturned Roe v. Wade.

Samuel Crankshaw, ACLU Kentucky’s communications manager, also responded to the high court’s denial. “The Kentucky Supreme Court has now denied [AG Cameron’s] second attempt to block an emergency order protecting Kentuckians’ rights to privacy, bodily autonomy, and self-determination, as outlined in the state constitution.” 

The circuit court will have a hearing on the lawsuit on Wednesday. 

Democratic candidate for U.S. Senate Charles Booker walks with his eldest daughter, Kaylin Booker, during a press conference after addressing the Supreme Court's decision in the Dobbs v Jackson Women's Health case at  on June 24, 2022 in Louisville, Kentucky. 

MISSISSIPPI LAW DECLINES TO BLOCK ‘TRIGGER LAW’ BANNING MOST ABORTIONS 

Kentucky is the third state to have its abortion trigger law temporarily blocked. Pro-choice activists have filed a slew of lawsuits seeking to stop, or more often delay, enforcement of the bans.

Judges in both Texas and Louisiana have blocked trigger laws and will hold hearings in July to decide on the lawsuits.

In addition to Texas and Louisiana, 10 states have abortion bans on the books that took effect after Roe fell.

Fox News’ Anders Hagstrom contributed to this report.  

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