The Kentucky Supreme Court has issued a ruling that keeps the state鈥檚 two near-total bans on abortion in place and remanded the case back to the trial court for constitutional review.
Jefferson County Circuit Court Judge Mitch Perry of the state鈥檚 鈥渢rigger law,鈥� which bans abortion in nearly all cases, and a separate six-week ban.
, allowing the abortion bans to go into effect last August. Supreme Court justices have upheld that decision.
The high court on the case in mid-November, shortly after that would have added anti-abortion language to the state constitution.
During that hearing, providers argued the bans violate patients' right to privacy under the state constitution.
ACLU attorney Heather Gatnarek argued the bans were interfering with patients and doctors' ability to make medical decisions.
鈥淒octors should not be placed into a situation where they are left to watch their patient deteriorate before they meet one of these very narrow exceptions," Gatnarek said.
Kentucky Attorney General Daniel Cameron has said there is no protection for abortion under the state constitution, which Kentucky Solicitor General Matt Kuhn reiterated to the justices during the hearing.
鈥淚t is not pro-choice or pro-life, so the question must be left to the General Assembly,鈥� Kuhn said. 鈥淭hat Kentuckian who wants abortion rights should pick up the phone and call their assembly member.鈥�
Kentucky became one of the first states following the United States Supreme Court decision to overturn Roe v. Wade.
The makes it a class D felony punishable by up to five years in prison for anyone performing an abortion through procedure or medication.
There鈥檚 a narrow exception if an abortion is necessary to prevent death or 鈥渟erious, permanent impairment of a life-sustaining organ鈥� of the pregnant person, according to the law.
The patient would not face a criminal charge for an abortion under Kentucky鈥檚 current regulatory scheme. But some Republican lawmakers have proposed changing that.
Republican Rep. Emily Callaway, of Louisville, that would allow people who have abortions deemed illegal under state law to be charged .
Unlike a ban in Indiana, which is blocked but also , Kentucky鈥檚 law has no exceptions for rape, incest or unviable pregnancies.
Ryland Barton and Divya Karthikeyan contributed to this story.
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