KENTUCKY
Political control: Republicans have a supermajority in the Kentucky Legislature and have been restricting abortion rights since the 2016 election over the vetoes of Democratic Gov. Andy Beshear, who supports abortion rights and will seek a second term in 2023.
Background: Kentucky bans abortions after 20 weeks, but all abortion services were temporarily halted in April after the legislature imposed new restrictions and reporting requirements on the state’s two abortion clinics. The clinics, both in Louisville, said they suspended abortions because state officials hadn’t written guidelines on how to comply with the new law. Noncompliance could result in stiff fines, felony penalties and revocation of physician and facility licenses. Abortions resumed after a federal judge temporarily blocked key parts of the law, including a provision banning abortions after 15 weeks of pregnancy.
Effect of Supreme Court ruling: Abortion services in Kentucky immediately became illegal under a “trigger law” enacted in 2019. The measure contains a narrow exception allowing abortion to prevent the death or permanent injury of a pregnant woman. Kentuckians will be able to vote this November on a proposed amendment declaring there is no right to an abortion in the state constitution.
What’s next: Abortion-rights activists say the suspension of abortion services in April foreshadowed what would happen in Kentucky and other Republican-leaning states if Roe v. Wade was overturned. It likely ends several legal challenges pending against other Kentucky abortion laws including a 2018 measure that abortion-rights supporters say would effectively ban a standard abortion method in the second trimester of pregnancy. The U.S. Supreme Court ruled in March that Kentucky’s Republican attorney general, Daniel Cameron, can defend the measure that was struck down by lower courts.
