By Tessa Redmond and Mark Maynard
Kentucky Today
A federal judge issued a temporary order to halt Kentucky’s new abortion law, paving the way for the state’s two providers to resume offering abortions after a week of inaction.
In a Thursday ruling, U.S. District Judge Rebecca Grady Jennings granted the request from the two abortion providers, both located in Louisville, for a temporary restraining order.
“The Court restrains enforcement of the entirety of HB 3 at this time, as it lacks information to specifically determine which individual provisions and subsections are capable of compliance,” Jennings wrote in a 21-page ruling. Planned Parenthood’s “motion for a temporary restraining order is granted.”
It has been eight days since Planned Parenthood and EMW Women’s Surgical Center sought emergency relief in federal court from House Bill 3, a sweeping abortion law they said had so many restrictions it would be impossible to comply.
The law took effect April 13 when the General Assembly overrode a veto by Gov. Andy Beshear, who said in his veto message that the law was “likely unconstitutional.” He also opposed it because there was no exemption for rape or incest.
The omnibus abortion law, sponsored by Rep. Nancy Tate, introduced new regulations for medical abortion pills and the disposal of fetal remains, updated the judicial bypass procedure and changed abortion reporting requirements. It also banned abortions after 15 weeks of pregnancy. Current Kentucky law bans abortion after 20 weeks.
HB 3 puts new restrictions on abortions for girls under 18, including those seeking permission from a judge in certain circumstances and requires fetal remains to be disposed of through cremation or burial.
Abortion advocates said the passage of HB 3 imposed an unconstitutional, undue burden on women seeking abortions. In a response filed in Western District Court on Tuesday, Attorney General Daniel Cameron disagreed.
“Planned Parenthood’s alleged concerns that prompted this lawsuit are based on a flawed interpretation of the requirements of the law,” wrote Cameron, who is listed as a defendant in his official capacity to defend Kentucky law.
Cameron argued the burden for developing forms required by HB 3 is imposed on the Cabinet for Health and Family Services, not abortion providers—allowing them to continue operating until the forms are provided.
Jennings’ order did not go into the larger issue of the new law’s constitutionality. Instead, it focused on the clinics’ claims that they’re unable to comply with the measure because the state hasn’t yet set up clear guidelines.
The judge said she decided to block the entire law because she lacked information “to specifically determine which individual provisions and subsections are capable of compliance.”
“The plain language of HB 3 is clear that the entire law became effective and enforceable on April 13, 2022 . . . including the enforcement and penalties provisions,” she wrote, adding that it’s “unreasonable for (abortion providers) to assume HB 3 does not mean what it states.”
While Planned Parenthood CEO Rebecca Gibron called the ruling “a win,” she said it was “only the first step.”
“We’re grateful for the temporary restraining order restricting this egregious abortion ban from continuing to block a constitutionally protected right to basic care,” she said in a statement. “We’re prepared to fight for our patients’ right to basic health in court and to continue doing everything in our power to ensure abortion access is permanently secured in Kentucky.”
“We are disappointed that the court chose to temporarily halt enforcement of the entire law,” Cameron said. “This law is constitutional, and we look forward to continuing to defend it.”
Dr. Todd Gray, executive director-treasurer of the Kentucky Baptist Convention, echoed Cameron’s feelings.
“We are disappointed with the judge’s decision since the law had provided a reprieve on ending the lives of unborn children in the commonwealth,” Gray said. “Kentucky Baptists will continue to serve women who feel trapped by unplanned pregnancies, as we also work and pray for the day when legalized abortion will be part of our past.”
David Walls, executive director of The Family Foundation, said the ruling was “putting politics above the law.
“By refusing to comply with HB 3’s commonsense protections and immediately running to court, abortion advocates have once again revealed they do not really care about women and only desire to further profit off the slaughter of babies in the womb,” he said. “I am thankful that Kentucky Attorney General Daniel Cameron will continue to strongly defend HB 3’s pro-life protections as this case moves forward.”
“Kentuckians, and all Americans, are earnestly looking toward a time, very soon, where states can protect their most vulnerable citizens, preborn babies in the womb, without interference from activist courts.”
“Today, a Federal Judge granted a temporary hold on the enforcement of House Bill 3, an unconstitutional bill passed by the General Assembly that effectively ended abortion services in Kentucky, even for victims of rape and incest,” said Senate Demoratic Leader Morgan McGarvey. “I’m glad the judicial branch has halted the enactment of this bill and not automatically allowed the Kentucky legislature to revoke a woman’s constitutional right to reproductive choice.”
Addia Wuchner, executive director of Kentucky Right to Life, added that her organization is consulting with legal counsel and Cameron to determine next steps in appealing the temporary restraining order.
“From the beginning, we have acknowledged that House Bill 3 would not end abortion in Kentucky,” Wuchner said. “HB 3 is a multifaceted bill that reflects our continued commitment to Kentucky’s most vulnerable citizens, the unborn child, as well as advocating for justice and safe medical practices for their mothers.”
The temporary restraining order of HB 3 went into effect at 3 p.m. on Thursday and, absent a request for extension or other legal stipulations, will remain in effect for 14 days.
Richard, I whole-heartedly agree with you! Liberals Love to talk about, “Root Causes,” for just about everything that presents a challenge to their ideological orthodoxy, such as the immigration disaster we have, the rate of inflation, rising crime, and so on, which in essence is a means by which to stall actual reform, or development of solutions, until they’ve had enough time to figure out how best to lie to Americans & preserve their talking points. At the heart of unfettered access to abortion for liberals around the world is simply a lack of accountability, which is the M.O. for all things “Liberal.”
What we’ve all come to understand about liberals, or progressives, Democrats, whatever they want to be called, is that there is no fundamental understanding of “accountability” for an individual’s, or groups’ actions, as long as those lacking in accountability Think, and Act the right way (meaning acting or thinking as liberals do). It’s no secret that thousands of women, and their partners, use abortion as an after-thought form of birth control! Call them “repeat customers,” for lack of a better term. These people don’t concern themselves with the consequences of their behavior, and have no regard for the lives that they seek to brutally snuff out! It seems logical that birth control used at the appropriate time is a better option than infanticide, though not as profitable for the abortion cartel.
HB3, and other state laws like it, are measures that force accountability on the masses, and protect the most vulnerable, defenseless individuals in the world, and liberals can’t stand it! Democrats find no mountain high enough to stop them from protecting the so called “rights” of an illegal immigrant, or protect a pedophile from harsh punishment for their crimes against children, but when it comes to preserving the sanctity of life itself, may the unborn be damned! These are despicable people we are dealing with, and the most egregious of hypocrites, and we can only pray that sanity & wisdom will come to these heinous individuals, including our misguided jurists, and that federally sanctioned infanticide will become only a nightmarish memory from our past.