(HorizonPost.com) – After voters decided to reject a ballot measure that would have reformed Kentucky’s constitution to say that abortion was not a protected right, Democrats seized the opportunity to set up a legal challenge against the state, according to Politico. Democrats argued that laws voted on in 2019, which banned abortion after six weeks of pregnancy and banned abortion even before that, violated the state constitution that was adopted in 1891.
Last week, the state’s Supreme Court ruled against the abortion clinics that sought to momentarily halt the bans while legal challenges were still being heard. Justice Debra Lambert opined that the halt Louisville Circuit Court Judge Mitch Perry implemented was the wrong move and never should have occurred. However, the possibility to hear a case where the laws are in violation of the state constitution was left open by the judge.
The American Civil Liberties Union (ACLU) argued that the abortion bans were causing “irreparable harm” to women in the state, but Judge Lambert shut that down, saying that the clinics have no standing to argue in their patients’ place. Other judges disagreed and said that the plaintiffs’ arguments were being ignored.
The ACLU was not happy with the decision and vowed to take the fight to the lower courts, arguing that the state Supreme Court’s ruling was undemocratic because it went against what people voted for in the 2022 November election.
Since the Supreme Court overturned Roe v. Wade, abortion bans have gone into effect around the country. Florida Governor Ron DeSantis recently suspended the state attorney for indicating that he was not going to prosecute according to the 15-week abortion ban, according to The Hill.
Hillsborough County State Attorney Andrew Warren has refused to go quietly, going to the court to try to get reinstated. So far, his bid has been unsuccessful.
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