Appeals court affirms rejection of Kentucky abortion law
LOUISVILLE, Ky. (AP) — A federal appeals court has agreed with a lower court that a Kentucky law seeking to ban a common second trimester abortion procedure is illegal.
The law passed in 2018 was struck down last year by a federal judge in Frankfort, who ruled that it creates a “substantial obstacle” to a woman’s right to an abortion.
The 6th U.S. Circuit Court of Appeals affirmed that ruling on Tuesday.
The court said 10 other states have passed similar laws aimed at restricting abortion procedures.
“In nearly every state, plaintiffs have challenged those laws as unduly burdening the right to elect abortion before viability, as plaintiffs have done here,” the majority wrote in the opinion. “And in every challenge brought to date, the court has enjoined the law, finding that it indeed unduly burdens that right,” the justices wrote in a 2-1 ruling.
The Kentucky attorney general’s office argued on behalf of the law before the appeals court in January.
Louisville’s EMW Clinic challenged the law right after it was signed by former Gov. Matt Bevin. A consent order had suspended its enforcement pending the outcome of the federal court trial.