LOUISVILLE, Ky. — Kentucky's so-called "trigger law" that effectively bans abortion in the state has been temporarily blocked by a Jefferson County judge.

What You Need To Know

  • A Kentucky judge issued an order blocking the state's near-total abortion ban from taking effect

  • Judge Mitch Perry granted Planned Parenthood and EMW Women's Surgical Clinic an immediate restraining order blocking the law while litigation plays out

  • The two providers are set to resume abortion services on Friday, according to the ACLU of Kentucky

  • The lawsuit against AG Daniel Cameron says the bans violate the Kentucky constitution by “infringing on Plaintfifs’ patients’ rights to privacy and self-determination"

Judge Mitch Perry granted Planned Parenthood and EMW Women's Surgical Clinic an immediate restraining order that blocks two state laws that severely limit abortions, one being the 2019 "Human Life Protection Act," and the other being a six-week ban that has been blocked in federal court.

The two providers are set to resume abortion services on Friday, according to the ACLU of Kentucky. Another hearing related to a request for a temporary injunction is scheduled for next week.

Attorney General Daniel Cameron blasted the ruling on Thursday, dismissing it as having no "basis in the Kentucky Constitution" and pledging to seek relief from the restraining order.

The Human Life Protection Act's near-total abortion ban was triggered when the Supreme Court overturned the 1973 Roe v. Wade decision, reversing nearly 50 years of constitutional protections for abortion care.

Leaders from Planned Parenthood and the ACLU sent the following statement in response to the ruling:

"Despite this victory, we know this fight is far from over — especially with politicians like Attorney General Daniel Cameron doing everything they can to score political points at the expense of Kentuckians’ wellbeing. We won’t stop fighting for people’s ability to access the essential abortion care they need in Kentucky. The government should never have the authority to force a person to remain pregnant against their will.”

An attorney for EMW Women's Surgical Center in Louisville says nearly 200 patients there have been denied an abortion since the reversal of Roe v. Wade.

The lawsuit filed Monday challenges the bans, including a so-called “trigger law” from 2019. The suit says the bans violate the Kentucky constitution by “infringing on Plaintfifs’ patients’ rights to privacy and self-determination.”

The Kentucky Attorney General’s Office argued that preventing the enforcement of a statute would do irreparable harm to the commonwealth and that the General Assembly has recognized the rights of unborn children.

"For 150 years, Kentucky’s highest court and its General Assembly has recognized the state’s right to preclude and prohibit abortion," argued Christopher Thacker, with the Office of the Attorney General. 

Both sides will present evidence at next week's hearing for the temporary injunction request.

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