Kentucky Supreme Court Coverage--Attorney General Daniel Cameron v. EMW Women's Surgical Center
Kentucky Supreme Court Coverage--Attorney General Daniel Cameron v. EMW Women's Surgical Center
https://www.ket.org/program/kentucky-supreme-court-coverage/attorney-general-daniel-cameron-v-emw-womens-surgical-center-p-s-c/
The government should never have the authority to force a person to remain pregnant against their will. Abortion is currently illegal in Kentucky at all stages of pregnancy with no exceptions for rape, incest, fetal anomalies, lethal fetal anomalies or threats to a woman's health. While we await a decision from the Kentucky Supreme Court that could restore the right to abortion, women who need abortion care must travel out of state.
Following the U.S. Supreme Court's decision to overturn Roe v. Wade and in the absence of federal abortion protections, the fight to protect access moved to the states. Immediately following the Dobbs decision, our health care center, EMW Women's Surgical Center (EMW), sued in state court, arguing the Kentucky Constitution guarantees the rights to privacy, bodily autonomy, and self-determination.
As soon as the courts released the Dobbs decision EMW, stopped providing abortion services out of an abundance of caution, knowing Attorney General Daniel Cameron and other anti-abortion activists and politicians would claim the Kentucky's "trigger law" went into effect, banning abortion care at all stages of pregnancy.
EMW immediately sued in Jefferson Circuit Court, arguing the Kentucky Constitution's right to privacy, bodily autonomy and self-determination protect the right to abortion. We also argued the trigger laws violate provisions of the constitution that require the General Assembly to put laws into effect themselves. By relying on the U. S. Supreme Court to overturn Roe v. Wade, Kentucky lawmakers effectively shifted that authority to the federal judiciary.
On June 30, 2022, the circuit court agreed with our arguments that these bans violated Kentuckians' rights. A judge granted a restraining order that temporarily blocked the AG and other state actors from enforcing the bans and EMW resumed abortion services.
The AG attempted to undo this victory twice, and lost both times. The circuit court then heard arguments from both sides about the constitutional claims in our lawsuit. Following a full day of arguments and written briefs, the court granted a temporary injunction on July 22, 2022 blocking enforcement of the abortion bans as our lawsuit moved forward.
In his order granting the temporary injunction, the judge also examined other parts of the Kentucky Constitution and found these bans violate even more provisions of the constitution. The court stated these bans violate Kentuckians; right to freedom of and from religions and right to equal protection under the law. In the order, the judge wrote that abortion bans are "distinct" to some faiths, adding that the General Assembly " is not permitted to single out and endorse the doctrine of a favored faith for preferred treatment," calling lawmakers' actions "theocratic policymaking." Additionally, the judge stated abortion bans violate Kentuckians' right to equal protection by providing "no legitimate reason why the woman must bear all the burdens of these laws while the man carries none."
The Kentucky AG appealed the temporary injunction and a single appeals court judge reinstated both abortion bans, forcing EMW to stop providing care on August 1, 2022. We immediately fought back, appealing to the Kentucky Supreme Court. On August, 18, 2022 the Supreme Court denied our emergency request and scheduled oral arguments for November 15, 2022.
These recent orders from the Court of Appeals and the Kentucky Supreme Court are only emergency motions. The courts have yet to rule on the merits of our challenge to the abortion bans and our lawsuit will continue.