Kentucky abortion care can continue after state court blocks ban enforcement

Abortion providers challenging Kentucky abortion bans raised ‘substantial questions’, judge says

Abortions will remain legal in Kentucky while challenges to the state’s near total ban triggered by the overturning of Roe v Wade proceed through the court, a judge ruled on Friday.

Jefferson Circuit chief judge Mitch Perry extended a temporary order banning enforcement of Kentucky’s “trigger law” while a lawsuit between abortion clinics and the state attorney general Daniel Cameron continues.

Judge Perry said lawyers for the two abortion providers challenging the law had raised “substantial questions” that could violate the state’s constitution.

Thirteen states, including Kentucky, had so-called “trigger” bans in place as soon as the Supreme Court sent the power to regulate abortions back to states.

Two abortion providers in Louisville, Planned Parenthood and EWM Women’s Surgical Center, had to suspend their services before Judge Perry granted them a temporary order allowing them to resume on 30 June.

Jefferson Circuit Court chief judge Mitch Perry issued an injunction allowing abortions to continue in Kentucky (Jefferson Circuit Court)

The Louisville Courier-Journal reported that both abortion providers filed a lawsuit on 28 June arguing that Kentucky’s constitution allows for abortions due to a woman’s right to privacy.

They are appealing the trigger law and a separate bill banning abortions at six weeks once a heartbeat can be detected in the foetus. Health providers violating either law could face up to five years in prison.

Mr Cameron, the state attorney general, may appeal the injunction.