LOUISVILLE, Kentucky (AP) – A federal judge on Thursday temporarily blocked a U.S. law that effectively eliminates abortion in Kentucky after two other state clinics said they could not meet its requirements.
U.S. District Judge Rebecca Grady Jennings’ ruling was a victory for abortion advocates and a failure for the Republican-led legislature, which passed the law in March and then overturned Democratic Gov. Andy Besher’s veto on the measure last week. Both clinics said Thursday they would resume abortion services immediately.
The new law prohibits abortions after 15 weeks of pregnancy and requires women to be examined by a doctor before receiving abortion pills. It also contains new restrictions and reporting requirements that Kentucky clinics have said they cannot comply with immediately. Failure to do so could result in severe fines, serious crime, and revocation of a doctor’s or facility’s licenses.
Jennings’ order does not go into the larger question of the constitutionality of the new law. Instead, it focuses on the clinics’ claims that they cannot comply with the measure immediately, as the state has not yet set clear guidelines. The judge said her order did not prevent the state from making regulations.
Jennings, who was appointed by former President Donald Trump, said she decided to block the measure because it lacked information “to determine specifically which individual provisions and subsections can be complied with.”
Abortion rights activists said they were relieved by the decision, but noted that more rounds of litigation are yet to come.
“It’s a victory, but it’s only the first step,” said Rebecca Gibron, chief executive of Planned Parenthood in Kentucky, where her clinic is immediately resuming abortion services. “We stand ready to fight for the right of our patients to basic health in court and to continue to do our utmost to ensure that access to abortion is guaranteed in Kentucky at all times.”
Kentucky Republican Attorney General Daniel Cameron has signaled he will be ready to defend the law as the case progresses.
“We are disappointed that the court has chosen to suspend the application of the entire law,” he said in a statement. “This law is constitutional and we look forward to continuing to defend it.
Supporters say the new Kentucky law aims to protect women’s health and strengthen oversight. Opponents say the goal has always been to stop abortions in the country altogether.
Abortions have been suspended at both clinics in Louisville since the law went into effect last week. Meanwhile, Kentucky women were forced to either travel out of state to terminate their pregnancies or wait for a judge’s decision. Many of the affected women are young and poor, defenders said.
Lawyers for the two clinics – Planned Parenthood and EMW Women’s Surgical Center – have filed separate lawsuits, challenging the law and seeking an order suspending its implementation. Jennings issued the order in a planned parenting suit.
“Abortion remains legal and is available again in Kentucky,” said Heather Gatnarek, an attorney general for the American Civil Liberties Union in Kentucky, who filed a lawsuit on behalf of EMW. “We will always strive to keep it here and throughout the country.
Kentucky is among several Republican-led states that have passed restrictive abortion laws pending a ruling by the U.S. Supreme Court that could overturn Rowe’s remarkable ruling against Wade, which established the right to abortion across the country nearly 50 years ago.
The Supreme Court is about to challenge a law passed in the fifth state of Mississippi, which prohibits abortions after 15 weeks. The court said it would allow the Mississippi ban to remain in force, and conservative judges offered to support Roe’s repeal.
The Mississippi case is even emerging as abortion advocates hailed their victory in Kentucky on Thursday.
“Unfortunately, the possibility of abortion will continue to hang in the United States,” Gatnarek said. “In a few weeks, the Supreme Court will decide whether to weaken or annul Rowe v. Wade.”
No matter how the current Conservative-dominated Supreme Court handles pending high-profile abortion cases – perhaps weakening Roe, perhaps completely gutting him – there will be no monolithic national change. The divisive battles between countries for access to abortion will continue.
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