


The Kentucky Supreme Court ruled Thursday to keep two state abortion restrictions in place for now — dashing the hope of clinics in the deep-red state that had sued for the right to resume providing the procedure while legal challenges continue.
In her opinion, Justice Debra Lambert said that Louisville Circuit Court Judge Mitch Perry was wrong to halt enforcement of the bans last July and the appeals court was correct to reinstate the bans in August. She did, however, leave the door open to hearing a future challenge on whether “the right to abortion exists by implication under the Kentucky Constitution.”
The decision not to grant a preliminary injunction comes just a few months after voters in Kentucky rejected a ballot measure that would have amended the state constitution to say there is no protection for the procedure.
That win on Election Day set up the abortion providers in the state who are challenging the laws to argue on Nov. 15 that both the state’s near-total ban on the procedure beginning at conception and a separate law banning abortion after six weeks of pregnancy violate the privacy rights that the state constitution adopted in 1891.
During oral arguments in the case, the American Civil Liberties Union in Kentucky argued on behalf of clinics in the state that the abortion restrictions are causing “irreparable harm” to patients who are undergoing the “pain and trauma” of being forced to bear children they don’t want or having to search for ways to travel out of state for the procedure.
Justice Lambert ruled Thursday that the clinics don’t have standing to challenge the laws on behalf of their patients, but do have standing to argue that the state’ s abortion bans violate protections in the state’s constitution.