CINCINNATI, Oh- A federal appeals court has overturned a Kentucky abortion law. 

 

What You Need To Know


  • Federal Appeals Court overturns KY abortion law

  • Ruling said it would put an undue burden on women seeking abortions

  • ACLU challenged the law

 

The Sixth Circuit Court of Appeals ruled Tuesday if H.B. 454 (2018) were enacted it would put an undue burden on Kentucky women seeking an abortion. 

The law would have required women to undergo a fetal demise procedure before undergoing a dilation and evacuation — commonly referred to as D&E. It is the most common type of second-trimester abortion. 

Attorney General Daniel Cameron’s office took over the lawsuit from former Gov. Matt Bevin’s office who signed the bill into law in 2018, his office argued in January that requiring this procedure would not ban second-trimester abortions in Kentucky rather make them more humane. The Court of Appeals however found the risk of undergoing a fetal demise, an untested medical procedure could put a woman seeking an abortion at additional harm.

“All those required to undergo a fetal-demise procedure will be compelled to expose themselves to the negative consequences to their health, to invest additional time in the procedure, and to subject themselves to an additional invasive and potentially experimental procedure,” the opinion from Judge Eric Clay read. "Thus, the district court correctly found that 100% of the relevant population would be unduly burdened by this law.” 

EMW Women’s Surgical Center, the only abortion provider in Kentucky, does not provide fetal demise procedures at their clinic as they say it’s too risky of a procedure. 

However, not all members on the panel agreed, Judge John K. Bush, dissented with the ruling. Judge Bush called into question why EMW Women’s Surgical Center would not train their doctors to administer the fetal demise shot to provide to women who want to have one and also called into question why a patient was not a party on the lawsuit, instead just the abortion facility representing patients as a whole. 

The Supreme Court is currently considering whether abortion providers have third-party standing to protect constitutional rights of potential patients on abortion laws, Bush questioned why the court made a ruling on the case before the Supreme Court rulings. 

"The majority’s decision to issue an opinion just before the Supreme Court potentially decides an outcome-determinative issue in our case seems to me an unwise use of judicial resources,” Bush wrote in his opinion. 

The ACLU of Kentucky, who challenged the law in court, is celebrating the ruling. 

“Two courts have made it resoundingly clear that D&E abortion care is safe, and Kentuckians have a right to access this care,” said Heather Gatnarek, staff attorney with the ACLU of Kentucky in a statement. “The Court of Appeals confirms what we’ve been asserting for years: The Kentucky General Assembly’s attempt to ban D&E abortion care is unconstitutional because it imposes a substantial burden on the right to choose. Our clients are relieved they will be guided by medicine, not politicians when providing D&E care to their patients.” 

Attorney General Daniel Cameron (R) says his office will continue to fight for the law.

“We’re disappointed with the court’s ruling and will take any steps necessary to continue defending the law, which protects the unborn from a gruesome procedure," Cameron said in a statement.