Topline
A federal judge on Thursday temporarily blocked a restrictive new Kentucky abortion law that effectively banned the state’s only two clinics from offering the procedure, a week after the law made Kentucky the first state to eliminate all legal access to abortions.
Louisville’s Planned Parenthood remained open for services such as STD testing, ultrasounds and … [+]
Key Facts
U.S. District Judge Rebecca Grady Jennings granted a request for a temporary restraining order from one of the two Louisville abortion clinics, which filed a lawsuit shortly after the legislation went into effect asking for the law to be put on hold while the case is litigated.
The order will allow the state’s remaining abortion clinics, Planned Parenthood and EMW Women’s Surgical Center, to resume services after both providers had stopped performing the procedure last week.
The news comes a week after the law—which prohibits clinics from providing abortions unless they can comply with requirements the clinics say are too expensive and logistically challenging—went into effect, when the Republican-led legislature overrode a veto from Kentucky Gov. Andy Beshear (D).
Crucial Quote
“We’re grateful for the temporary restraining order (TRO) restricting this egregious abortion ban from continuing to block a constitutionally protected right to basic care,” Planned Parenthood said in a statement. “We’re prepared to fight for our patients’ right to basic health in court and to continue doing everything in our power in ensure abortion access is permanently secured in Kentucky.”
Key Background
The sweeping abortion law made Kentucky the first state to effectively restrict legal abortion access entirely since the Supreme Court legalized the procedure in its 1973 Roe v. Wade case. The law barred sending abortion medication by mail, banned abortions after 15 weeks of pregnancy and imposed a host of restrictions—including requiring fetal remains to be cremated or buried—that clinics say would be impossible to meet. In vetoing the legislation, Beshear argued the law was unconstitutional in part because it lacks exemptions for rape and incest. The temporary block of the legislation comes as a flurry of Republican-led state legislatures are enacting or attempting to pass bills restricting abortion access ahead of a Supreme Court ruling, expected in June or July, on whether to uphold Mississippi’s 15-week abortion ban. Mississippi has asked the court, which has a 6-3 conservative majority, to use the case to overturn Roe v. Wade so that its abortion legislation can go into effect in August.
Further Reading
Judge puts temporary hold on Kentucky abortion law, clearing way for services to resume (Louisville Courier Journal)
Kentucky Abortion Law Blocked in Win for Clinics (Associated Press)
Source: https://www.forbes.com/sites/madelinehalpert/2022/04/21/federal-judge-temporarily-blocks-restrictive-kentucky-abortion-law/