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Staff from Attorney General Daniel Cameron’s office will appear in the United States Supreme Court on Tuesday, arguing they should have the right to defend an abortion law that has been overturned by lower courts.
The problem is a 2018 law passed by the Republican-led legislature that reportedly banned the dilation-and-drain abortion procedure, most often used for people seeking to terminate a pregnancy in the second trimester.
A federal court overturned it in 2019, claiming it would have created a “substantial hurdle” for Kentuckians seeking abortions.
Then-Gov. Matt Bevin, a Republican, appealed the decision to the 6e Circuit court of appeal, but the court upheld the decision in 2020 and Democratic Gov. Andy Beshear declined to pursue the case.
Cameron says he should be allowed to intervene and continue to appeal.
“It is the role of the GA office to defend the laws of Kentucky, to exhaust all avenues. We do, especially on pro-life issues, ”Cameron said at a press conference last week.
The hearing will not be about the merits of the abortion law, but whether Cameron’s office has the right to defend it.
Cameron says he wants the case to be heard before a full panel of 6e Circuit Court of Appeal. The first decisions are rendered by panels of three judges.
The audience comes after a federal judge has temporarily blocked a controversial Texas abortion law that would ban nearly all abortions in the state after the sixth week of pregnancy.
Kentucky already bans abortions after the 20the week of pregnancy, and lawmakers have passed several other anti-abortion measures that have been blocked, including a bill that bans the procedure once a fetal heartbeat can be detected – about the 6e week of pregnancy.
Republican legislature leaders have said they hope a legal challenge to an anti-abortion measure could eventually be appealed to the Supreme Court and play a role in overturning Roe vs. Wade, which prohibits states from restricting abortions before the fetus is viable.
Rep. Nancy Tate, a Republican from Brandenburg, expressed support for Cameron’s efforts.
“It’s time for the abortion violence to stop, it’s time for all abortion and violence to stop in Kentucky and for us to be recognized as the champion of life and peace,” Tate said.
The Supreme Court hearing will take place on Tuesday, October 12.
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