Kentucky high court lets near-total abortion ban continue
. The justices heard arguments in the case a week after the November midterm election, and activists on both sides had anxiously awaited the ruling. The Republican-led Legislature passed both of those laws.
“To be clear, this opinion does not in any way determine whether the Kentucky Constitution protects or does not protect the right to receive an abortion, as no appropriate party to raise that issue is before us.” Deputy Chief Justice Debra Hembree Lambert wrote. “Nothing in this opinion shall be construed to prevent an appropriate party from filing suit at a later date.”
In Kentucky, the challenges revolve around the state’s near-total trigger law ban and the separate six-week ban. The trigger law was passed in 2019 and took effect when the U.S. Supreme Court overturned Roe v. Wade. It bans abortions except when they’re carried out to save the life of the mother or to prevent disabling injury. It does not include exceptions for cases of rape or incest.
But the state Court of Appeals reinstated enforcement of the bans and the state Supreme Court opted in August to keep them in place while it reviewed the case.
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