An almost complete abortion restriction that went into force after the US Supreme Court reversed Roe v. Wade has been restored by a Kentucky appeals court.
As a result of the decision, most abortions are currently prohibited in the state.
A lower court’s decision was overturned after Attorney General Daniel Cameron requested an emergency stay from the court. Two abortion restrictions were placed on hold by the Louisville judge’s decision last month while the courts considered whether they violated Kentucky’s constitution.
The two abortion clinics in the state announced in a media release on Monday evening that “abortion is now prohibited in Kentucky” and that they had started postponing appointments.
The Kentucky Supreme Court will hear an appeal about the judgment.
According to Alexis McGill Johnson, president of Planned Parenthood Federation of America, “Kentuckians watched their reproductive rights snatched by their elected authorities tonight, in one terrible instant.” “It is harsh and heartbreaking. But the battle is not yet done.
The prohibition should go into force regardless of whether the laws are up for debate, the appeals court ruled, since in Kentucky “a legislation brings with it the presumption of validity.”
If Roe were to be reversed, Kentucky’s legislature would have approved a “trigger legislation” outlawing almost all abortions except when the mother’s health is in danger. A separate 6-week prohibition was also enacted by lawmakers, which the clinics also contested.
According to a ruling made on July 22 by lower court judge Mitch Perry, there is “a significant chance” that Kentucky’s new abortion rules violate “the rights to privacy and self-determination” that are guaranteed by Kentucky’s constitution.