The Kentucky Supreme Court docket weighed in on a problem to the state’s abortion bans, saying the 2 bans ought to stay in place regardless of voters rejecting an anti-abortion poll measure in November.
AILSA CHANG, HOST:
And now to Kentucky, the place immediately the state’s Supreme Court docket determined the state’s two legal guidelines banning abortion ought to stay in place. The choice comes months after a poll query within the November election, the place a majority of Kentucky voters sided with abortion rights. Now, the choice on whether or not to ban the process goes again to a decrease state courtroom. However immediately’s information doesn’t bode effectively for abortion rights advocates. Divya Karthikeyan, capitol reporter at Kentucky Public Radio, joins us now for extra. Welcome.
DIVYA KARTHIKEYAN, BYLINE: Thanks. Hello.
CHANG: All proper. Hello. OK. So break this down a bit of extra for us. What does this resolution imply precisely?
KARTHIKEYAN: So at the moment, abortion is against the law within the state of Kentucky. And we now have two legal guidelines right here. We’ve got the set off legislation, which robotically bans abortion besides in life-threatening instances, and we now have a ban on abortion after six weeks. So the Kentucky Supreme Court docket had heard challenges to these bans. And, you understand, we’re getting this ruling greater than two months later. And this ruling immediately would enable these two abortion bans to stay in place. Now the Supreme Court docket right here is throwing it again to a decrease courtroom to determine on the bigger questions right here and deserves – you understand, the primary advantage being is the suitable to an abortion a constitutional proper in any respect in Kentucky? We’ve got the suitable to privateness and self-determination in our state structure, and that is what abortion rights advocates say their argument relies on.
CHANG: And remind us why this case was so carefully watched.
KARTHIKEYAN: So in June 2022, you understand, when Roe v. Wade was overturned, this set off legislation instantly got here into impact, and that meant practically all abortions had been unlawful. This was a legislation enacted by the legislature in 2019, and there was outcry that these bans weren’t consultant of what Kentuckians needed. And so voters in Kentucky had this chance to weigh in on that in final yr’s election. We had a constitutional modification on the poll that might say there isn’t any proper to an abortion within the structure. We had over 60% of voters forged their poll in help of abortion rights. This was all occurring once we had authorized tussle enjoying out within the courts and a legislature that was mulling on extra restrictions. So the abortion rights subject for individuals in Kentucky actually hinge on so many different elements past their management. I believe that is why it is so carefully watched.
CHANG: Yeah. So what’s been the response up to now to the state Supreme Court docket resolution?
KARTHIKEYAN: So the Republican lawyer normal – Daniel Cameron, he is additionally operating for governor – he is pursued challenges to abortion rights prior to now. And he mentioned, quote, “it is a vital victory, and we’ll proceed to face up for the unborn by defending these legal guidelines.” And ACLU Kentucky, which defended the 2 solely abortion suppliers in courtroom, mentioned the ruling was an enormous disappointment. This is communications director Angela Cooper.
ANGELA COOPER: We had hoped that we’d be capable of resume abortion care in Kentucky since it’s an extremely necessary well being care service. Nonetheless, we had been additionally ready for this, and our authorized group continues to strategize about how they’ll method this with a decrease courtroom.
CHANG: Properly, that is an excellent query. What precisely occurs now in Kentucky when it comes to abortion entry?
KARTHIKEYAN: So abortion stays unlawful. We now have a Republican supermajority in our legislature. I have been protecting the session very carefully. We’re seeing a whole lot of Republicans file some restrictive payments – one this week would deal with abortion as murder. And perhaps Republicans is perhaps serious about a invoice that would offer exceptions for rape and incest. We do not know but. The ACLU is saying they’re engaged on a technique for when the case goes to a decrease courtroom. Proper now, the one means a pregnant particular person in Kentucky can get an abortion, except their life is in danger, is to journey to neighboring states like Illinois or Virginia.
CHANG: That’s Divya Karthikeyan, capitol reporter at Kentucky Public Radio. Thanks, Divya.
KARTHIKEYAN: Thanks.
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