A federal judge temporarily blocked a new Republican-backed law in Kentucky that prompted the state’s two remaining abortion clinics to halt the procedure.
LOUISVILLE, Ky. — A federal judge on Thursday temporarily blocked a state law that effectively eliminated abortions in Kentucky after the state’s two remaining clinics said they couldn’t meet its requirements.
U.S. District Judge Rebecca Grady Jennings’ decision was a victory for abortion-rights advocates and a setback for the Republican-led legislature, which passed the law in March and then overrode Democratic Gov. Andy Beshear’s veto of the bill. measured last week. Both clinics indicated Thursday that they would immediately resume abortion services.
The new law bans abortions after 15 weeks of pregnancy and requires women to be examined by a doctor before receiving abortion pills. It also contains new restrictions and reporting requirements that Kentucky clinics said they couldn’t immediately meet. Failure to comply can result in large fines, felony penalties, and revocation of physician and facility licenses.
Jennings’ order did not delve into the broader issue of the new law’s constitutionality. Instead, he focused on claims by clinics that they cannot immediately comply with the measure because the state has not yet established clear guidelines. The judge said her order does not prevent the state from making regulations.
Jennings, who was appointed by former President Donald Trump, said she decided to block the measure because she lacked information “to specifically determine which individual provisions and subsections they are able to comply with.”
Abortion rights activists said they were relieved by the decision, but noted that there are more rounds ahead in the legal fight.
“This is a victory, but it’s just the first step,” said Rebecca Gibron, executive director of Planned Parenthood in Kentucky, where her clinic is immediately resuming abortion services. “We are prepared to fight for our patients’ right to basic care. health in the courts and continue to do everything in our power to ensure that access to abortion is permanently secured in Kentucky.”
Kentucky Republican Attorney General Daniel Cameron said he will be ready to defend the law as the case progresses.
“We are disappointed that the court decided to temporarily stop the application of the entire law,” he said in a statement. “This law is constitutional and we hope to continue defending it.”
Supporters say the goal of Kentucky’s new law is to protect women’s health and strengthen oversight. Opponents say the goal has always been to completely stop abortions in the state.
Abortions had been suspended at the two Louisville clinics since the law took effect last week. During that time, Kentucky women were forced to travel out of state to terminate their pregnancies or await a judge’s decision. Many of the affected women were young and poor, advocates said.
Lawyers for the two clinics, Planned Parenthood and EMW Women’s Surgical Center, filed separate lawsuits challenging the law and seeking an order stopping their application. Jennings issued the order in the Planned Parenthood lawsuit.
“Abortion remains legal and is once again available in Kentucky,” said Heather Gatnarek, an attorney with the American Civil Liberties Union of Kentucky, who filed the lawsuit on behalf of EMW. “We will always fight to keep it that way here and across the country.”
Kentucky is among several GOP-led states that have passed restrictive abortion laws in anticipation of a US Supreme Court decision that could reverse the landmark Roe v. Wade that established abortion rights across the country nearly 50 years ago.
Pending a Supreme Court challenge is a law passed in a fifth state, Mississippi, that bans abortion after 15 weeks. The court has indicated it will allow Mississippi’s ban to stand, and conservative justices have suggested they support overturning Roe.
The Mississippi case loomed even as abortion rights supporters celebrated their victory Thursday in Kentucky.
“Unfortunately, the ability to receive an abortion will continue to hang in the balance across the United States,” Gatnarek said. “In a few weeks, the Supreme Court will decide whether to weaken or overturn Roe v. wade”.
No matter how the current conservative-dominated Supreme Court handles pending high-profile abortion cases — perhaps weakening Roe, perhaps destroying him entirely — there will be no monolithic change at the national level. Fractionated state-by-state battles over abortion access will continue.
Reference-abcnews.go.com