State Supreme Court Denies Planned Parenthood Bid To End Kentucky Abortion Ban
Kate Anderson on February 16, 2023
The Kentucky Supreme Court ruled Thursday that the state’s abortion ban will remain in place despite requests to halt the law from abortion clinics in the state.
Kentucky’s abortion ban went into effect after the Supreme Court overturned Roe v. Wade in 2022 and prohibited nearly all abortion procedures except to save the life of the mother. The state Supreme Court’s 150-page decision upheld the ban because both Planned Parenthood Great Northwest (PPGN) and EMW Women’s Surgical Center (EMWWSC) attempted to sue on behalf of their patients, an argument the court determined did not have “standing.”
“After thorough review, we hold that the abortion providers lack third-party standing to challenge the statutes on behalf of their patients. Notwithstanding, the abortion providers have first-party, constitutional standing to challenge one of the statutes on their own behalf,” the court’s opinion read. “We affirm the Court of Appeals’ holding that the circuit court abused its discretion by granting the abortion providers’ motion for a temporary injunction and remand to the circuit court for further proceedings consistent with this opinion.”
Kentucky Attorney General Daniel Cameron said in a press release that he was “very pleased” by the court’s decision.
“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.”
The Kentucky legislature is also considering a bill introduced by Republican state Rep. Emily Callaway that will make abortion a form of homicide. Callaway’s bill has not been popular with other Kentucky Republicans, with state House Speaker David Osborne that the House would never approve a pro-life bill without “exceptions.”
PPGN and EMWWSC’s lawsuit will now return to a lower court to determine the clinics’ constitutional standing, according to the opinion, and Cameron indicated that his office is prepared to continue to fight for the law.
“This is a significant victory, and we will continue to stand up for the unborn by defending these laws,” Cameron said in the press release.
ACLU Kentucky and Planned Parenthood Great Northwest did not respond to the Daily Caller News Foundation’s request for comment.
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