Kentucky Judge Extends Block On State Enforcing Abortion Ban
A Kentucky judge on Friday extended a block on the state from enforcing a ban on abortions triggered by the U.S. Supreme Court's decision last month to overturn its 1973 ruling Roe v. Wade guaranteeing women nationally a right to obtain abortions.
Jefferson County Circuit Judge Mitch Perry agreed with two abortion clinics, including a Planned Parenthood affiliate, that the ban and an separate law barring abortions after about six weeks of pregnancy likely violated the state's constitution.
The judge had previously on June 30 temporarily blocked enforcement of the laws while he considered whether to issue Friday's injunction, which will allow abortion services to continue during the duration of the lawsuit.
Republican Attorney Daniel Cameron had no immediate comment. He is expected to appeal the decision and has said that every day the laws are not in effect, "elective abortions will continue and more unborn lives will be lost."
In a 20-page ruling, Perry said there was a substantial likelihood that the laws at issue would violate women's rights to privacy and self-determination under the state's constitution as well as rights to equal protection and religious freedom.
He said that state's so-called "trigger" ban designed to kick into effect if Roe v. Wade was ever overturned as it was on June 24, was likely an unconstitutional delegation of legislative authority to the U.S. Supreme Court itself.
"The plaintiffs have demonstrated at the very least a substantial question as to the merits regarding the constitutionality of both the trigger ban and the six week ban," Perry wrote.
The American Civil Liberties Union of Kentucky, which represented the clinics, on Twitter called the ruling a temporary but important victory.
"The government and extremist politicians should never have the authority to force a person to remain pregnant against their will," the ACLU said.
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