Supreme Court rules Kentucky AG can continue defense of abortion law


On Thursday, the Supreme Court ruled 8-1 that Kentucky Attorney General Daniel Cameron can continue defending a previously blocked state abortion restriction that bans the use of a violent dismemberment abortion procedure. The law prohibiting the use of the D&E (dilation and evacuation) abortion procedure had been blocked by lower courts with the case dropped by the new governor.

The law was adopted in 2018 under Governor Matt Bevin, but abortionists filed suit against it. A trial court struck down the law and a panel of the 6th U.S. Circuit Court of Appeals upheld that ruling in June 2020. Gov. Andy Beshear made the decision to drop the case when he took over, rather than appeal the 6th Circuit’s ruling.

The appeals court would not allow Cameron to intervene, but now the Supreme Court has ruled he can.


Cameron plans to now return to the appeals court to argue that the law should be allowed to go into effect. If he loses in the appeals court, he will be able to appeal to the Supreme Court.

“At every turn, we’ve maintained that Kentucky’s law banning live-dismemberment abortions is worth defending and should receive a full defense from the challenge brought by the ACLU and an abortion clinic,” he said in a statement.

A D&E abortion is typically committed after 13 weeks and throughout the second trimester, even up to 24 weeks. Babies born as early as 21 weeks are capable of surviving outside the womb and most research shows that they are capable of feeling pain. Some research even points to preborn children being able to feel pain in the first trimester.

READ: How abortion is done in the second trimester: The D&E

During a D&E abortion, the cervix is dilated and the abortionist uses a Sopher clamp to grasp the preborn child’s arms and legs and tear them off of the baby’s body one by one. The abortionist then crushes the child’s skull before pulling out the rest of the body. Some abortionists kill the child with a lethal injection prior to dismembering her, but other abortionists do not. Some babies in the second trimester are old enough to live outside the womb and capable of feeling pain, yet they die by dismemberment.

Even abortionists have spoken out about the traumatic effects of a D&E abortion, sharing stories of nightmares they have had after committing the procedure. They admit that the D&E procedure they are paid to carry out “destructive and violent.”

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