By Mark Maynard
Kentucky Today
A lawsuit attempting to overturn the state’s near-total abortion ban was withdrawn Friday, the American Civil Liberties Union of Kentucky said.
The plaintiff was a Louisville woman – referred to as Mary Poe – who was seven weeks pregnant when she sued the state in November that challenged Kentucky’s law that banned abortion in June 2022 when the U.S. Supreme Court overturned Roe V. Wade.
In a news release, ACLU announced it had asked for the lawsuit to be voluntarily dismissed Friday without explanation.
“Today, attorneys dismissed a lawsuit challenging Kentucky’s two abortion bans,” ACLU Executive Director Amber Duke said. “Decisions about health care are and should remain private, and we will not be providing additional details about the dismissal.”
The dismissal was filed in Jefferson County Circuit Court and said the “plaintiff voluntarily dismisses this action.”
Attorney General Russell Coleman called it a victory for pro-life advocates in Kentucky.
“Kentuckians can be proud that our pro-life values won the day today and innocent lives will continue to be saved as a result,” he said. “I’m grateful to our dedicated team who continues to uphold the law as passed by our General Assembly.”
Addia Wuchner, executive director of Kentucky Right to Life, called it a great moment.
“The dropping of this case is a testament to the will of the people of Kentucky, the prayers at work of pro-life advocates, the courage of our elected officials – and the steadfast commitment of Attorney General Russell Coleman and his team in defending our Kentucky laws and the dignity of every human life. This is a moment for prayerful gratitude and renewed strength.”
Wuchner said in her statement the “legal victory ensures that Kentucky’s strong pro-life protections remain intact continuing to save lives and uphold the fundamental truth that every human life is sacred.”
Abortion has been illegal in Kentucky for the last three years under a six-week ban on abortion and a trigger law that immediately banned abortion in nearly all cases when the federal abortion protections were overturned.
The laws prohibit any pregnancy from being terminated if there is still detectable fetal cardiac activity, except in cases where the life of the pregnant person is immediately in danger. There are no exceptions for rape or fetal anomalies incompatible with life.
Earlier this year, the General Assembly passed a bill into law to clarify the medical exceptions legally allowed under Kentucky’s ban. The clarification instructs health care providers to “make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of the unborn child.”
It specifies that doctors can intervene to remove molar and ectopic pregnancies, manage miscarriages, treat sepsis and hemorrhage and more.
Rep. Nancy Tate, R-Brandenburg, said in March when the measure was being debated that “under no circumstances is this language expected or intended to be prescriptive.”
“Within this language, it says that ‘reasonable medical judgment’ means the range of conclusions or recommendations that licensed medical practitioners with similar sufficient training and experience may communicate to a patient based upon current and available medical evidence. There’s also a clause within this language that says that in cases of emergencies, that the reasonable medical judgment can be used.”
With the dismissal of the latest lawsuit, there is no active legal action challenging the constitutionality of Kentucky’s abortion bans.
Coleman said Kentucky was represented by Environmental Law Executive Director Aaron Silletto, Deputy Directory Lindsey Keiser and Assistant Attorney General Larisa Plecha.
The ACLU on Friday said it would continue its fight.
“People have the right to control their own bodies without government interference, and we will never stop fighting to restore abortion access in Kentucky,” Duke said. “We are strategizing our next steps in this fight.
“In the meantime, our work to address the commonwealth’s maternal mortality rates and lack of widespread paid leave coverage will continue as long as Kentucky remains a forced-birth state.”