Kentucky Supreme Court Coverage-Attorney General Daniel Cameron v. EMW Women’s Surgical Center

Update: February 23.2023, Kentucky Supreme Court Coverage-Attorney General Daniel Cameron v. EMW Women’s Surgical Center

FRANKFORT, KY — February 16, 2023, the Kentucky Supreme Court once again denied a request from the ACLU National Reproductive Freedom Project, NY, and the ACLU of Kentucky, on behalf of EMW Women’s Surgical Center to reinstate a temporary injunction issued by the circuit court on July 22, 2022, to block enforcement of two abortion bans.

As a result of the state Supreme Court’s decision, abortion remains banned in the state, with no exceptions for rape, incest, fetal anomalies, lethal fetal anomalies, and only narrow exceptions for the life of the woman. An unthinkable extreme. 

The abortion bans took effect in the wake of the Supreme Court’s overturn of Roe v. Wade last year.

July 22.2022 the Jefferson Circuit Court agreed the Kentucky Constitution protected the right to privacy, bodily autonomy, and self-determination. In his order granting the temporary injunction, the judge also examined other parts of the Kentucky Constitution and found the abortion 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.”

Just days later, on August 1, 2022, the temporary injunction was reversed by ONE judge who defied Kentuckians’ constitutional rights, and since then the Supreme Court has rejected appeals to reinstate it.

This is the second time the Supreme Court of Kentucky refused to reinstate the temporary injunction. The Court's decision was not made on the MERITS of the case and the court hid behind TECHNICAL ARGUMENTS.

This ruling is in spite of the fact that three months earlier Kentucky voters overwhelmingly rejected a ballot initiative to explicitly ban abortion in the state constitution. 

Yet again, the people most impacted by abortion bans are missing in the Kentucky Supreme Court’s decision, creating an atmosphere of chaos and confusion. Abortion bans cause harm by design: mandatory waiting periods, time off from work, finding childcare to travel to another state, lost wages, travel expenses, increased gestation due to delay, stress, subject to laws not based on medical science or supported by the reputable leading healthcare organizations, increased health risk, loss of equality, dignity, personal autonomy, and freedom.

Every day that the abortion bans remain in effect means more harm for Kentuckians seeking abortion care.

The case will continue and eventually force the Kentucky Supreme Court to confront the merits. Meanwhile, their decision continues to put women’s health, lives, and futures at risk. 

Ona Marshall & Dr. Ernest Marshall, EMW Women’s Surgical Center, Founders, Kentucky Reproductive Freedom Fund

Abortion bans affect us all: Doctors not Doctrine 

Review the conflicting legal opinions. 

Jefferson Circuit Court decision citing Kentuckians right to privacy, bodily autonomy, self-determination, equal protection and right to freedom of and from religion. VIEW THE RULING.

Kentucky Supreme Court decision: evaded the merits of the case and hid behind a technical argument. VIEW THE RULING.