The Kentucky Supreme Court is leaving a sweeping abortion ban in place, pending further review.
A state court of appeals allowed two abortion bans to go into effect earlier this month, almost completely outlawing the procedure in the state. On Thursday, the state Supreme Court determined abortion clinics' request for an injunction due to "extraordinary cause" was not met.
While the highest court in the state refused to overturn the appeals court’s ruling, it agreed to hear further arguments from abortion activists and state Attorney General Daniel Cameron about whether the "trigger" laws can go into effect. Kentucky's laws do not have abortion exceptions for rape or incest.
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Following the court’s decision, leaders from Planned Parenthood Federation of America, the American Civil Liberties Union, and the ACLU of Kentucky blasted the decision as putting people’s lives at risk.
"The Supreme Court’s decision to allow Kentucky’s abortion bans to remain in effect puts nearly a million people’s health care in jeopardy," the statement read. "Abortion is not only health care but also a critical individual freedom. Make no mistake: abortion bans result in tragic health outcomes and are a form of control over our bodies."
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Justices Christopher Shea Nickell and Michelle M. Keller concurred with the court’s opinion but criticized the lower court’s decision to allow Cameron to enforce the sweeping laws.
"The Court of Appeals not only failed to give appropriate deference to the trial court but also failed to undertake a thorough analysis that is required in a case of this magnitude, failing even to set forth the appropriate standard of review," the justices wrote. "That being said, remanding this matter to the Court of Appeals to engage in a proper analysis would only further delay the final resolution of these compelling issues. Recognizing that matters of life, death, and health are at stake, time is of the essence."
Cameron was muted in his statement responding to the ruling. Although he said he was "pleased with this victory for life and the rule of law," he focused on efforts to remove rules about abortion from courts.
"In Dobbs, the United States Supreme Court returned the issue of abortion to the elected representatives of the people of each state," Cameron said. "So that the promises of Dobbs may be realized, and to avoid being embroiled in another 50 years of political acrimony, courts around the country, and here at home, must allow our policy makers in the General Assembly to speak for the people they represent."
