Supreme Court lets Kentucky attorney general take over defense of state's abortion law
Source: NBC News
The Supreme Court ruled 8-1 on Thursday that Kentuckys Republican attorney general can pick up the legal fight over a restrictive abortion law that the states Democratic governor no longer wishes to defend.
Already this term, the court has allowed a Texas abortion law, the strictest in the nation, to remain in force. And it has yet to rule on a case from Mississippi with much higher stakes, which presents a direct challenge to Roe v. Wade.
Thursdays case also involved the issue of abortion, but the ruling was about a different question: Who can represent a state in court after theres been a shift in the political landscape?
The law at issue, which Kentuckys legislature passed in 2018, would ban the use of a surgical abortion procedure commonly used after the 13th week of pregnancy. Immediately after the law was signed by the former governor, Republican Matt Bevin, a Louisville womens surgical center challenged it in court.
Read more: https://www.google.com/amp/s/www.nbcnews.com/news/amp/rcna17449
mahatmakanejeeves
(56,883 posts)I posted too, not having seen this thread. I deleted my dupe thread.
Hat tip, Joe.My.God.
March 3, 2022
Supreme Court lets Kentucky attorney general take over defense of state's abortion law
The ruling gives defenders of the Kentucky law a chance to try to revive it.
March 3, 2022, 10:16 AM EST
By Pete Williams
The Supreme Court ruled 8-1 on Thursday that Kentucky's Republican attorney general can pick up the legal fight over a restrictive abortion law that the state's Democratic governor no longer wishes to defend.
Already this term, the court has allowed a Texas abortion law, the strictest in the nation, to remain in force. And it has yet to rule on a case from Mississippi with much higher stakes, which presents a direct challenge to Roe v. Wade. ... Thursday's case also involved the issue of abortion, but the ruling was about a different question: Who can represent a state in court after there's been a shift in the political landscape?
The law at issue, which Kentucky's legislature passed in 2018, would ban the use of a surgical abortion procedure commonly used after the 13th week of pregnancy. Immediately after the law was signed by the former governor, Republican Matt Bevin, a Louisville women's surgical center challenged it in court. ... A federal judge found the law unconstitutional, concluding that it restricted a woman's constitutional right to an abortion before the fetus is considered viable. A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit, based in Ohio, agreed.
A Democrat, Andy Beshear, then took over the governor's office, and the state health official who initially defended the law declined to take further action. But the state's newly elected attorney general, Republican Daniel Cameron, asked the full Sixth Circuit to take another look at the law. The appeals court turned him down, saying he came to the process too late. ... The Supreme Court reversed that ruling Thursday, allowing the attorney general to step in to defend the law.
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Lonestarblue
(9,874 posts)Many tests that find severe fetal abnormalities cannot be performed until around week 20, so laws like this mean that women are forced to carry to term and give birth to a fetus that probably will not live. Tests at this stage show missing or severely damaged organs or perhaps even a fetus with no heartbeat. Without a surgical procedure, the fetus will begin decompoaingnand causing infection which can go into life-threatening sepsis. So much for the fake pro-life religious right.
Polybius
(15,235 posts)Wonder why it was 8-1 and not 6-3...
FBaggins
(26,693 posts)None of the liberal justices agreed with much of the majority's rationale, but it was still clear that the AG should be able to move forward in the case.
While Kagan is (IMO) the most likely of the liberal justices to make a political decision that it less supported by the constitution and/or laws in question - her dissent in this case seems well reasoned on first glance.
Bayard
(21,801 posts)He's McConnell's creature, and his pick to take his Senate seat when he's done being an ogre. He's also the guy who wouldn't charge Breonna Taylor's killers with anything more than, reckless endangerment.