USALife.info / NEWS / 2023 / 12 / 18 / KENTUCKY WOMAN'S ABORTION LAWSUIT DROPPED, PLANNED PARENTHOOD WITHDRAWS CHALLENGE ON STATE BAN
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Kentucky Woman's Abortion Lawsuit Dropped, Planned Parenthood Withdraws Challenge on State Ban

20:36 18.12.2023

In a recent development, lawyers at Planned Parenthood and the American Civil Liberties Union (ACLU) have announced that they are dropping a class-action lawsuit challenging Kentucky's near-total abortion ban. This decision comes after the named plaintiff, Jane Doe, lost standing to bring the case as she is no longer pregnant. The lawyers filed a notice in Kentucky state court on Sunday, officially ending the case.

The lawsuit, filed earlier this month in Jefferson County Circuit Court, aimed to challenge two laws in Kentucky - one banning abortion after a fetal heartbeat is detected (around six weeks) and another banning abortion at any time. These laws only have narrow exceptions to save the mother's life or prevent severe injury, with no exceptions for cases of rape, incest, or fatal fetal anomalies. While the lawsuit sought to get around the state's Supreme Court ruling that abortion providers cannot bring challenges to abortion bans on behalf of their patients, it ultimately faced a setback when Jane Doe's embryo did not have cardiac activity.

Kentucky's Supreme Court had previously rejected an earlier lawsuit brought by providers, ruling that only individuals seeking an abortion can file legal actions. This limitation led to the decision to have a pregnant woman, Jane Doe, sue on behalf of a class in order to challenge the abortion ban. However, with Jane Doe no longer pregnant, the lawsuit lost its standing.

Despite withdrawing from the case, attorneys in Kentucky have stated that they will continue to search for possible plaintiffs. Planned Parenthood and the ACLU have encouraged other pregnant individuals in Kentucky who are seeking an abortion to reach out if they are interested in bringing a case.

The office of Kentucky Attorney General Daniel Cameron has not yet responded to a request for comment on the withdrawal of the lawsuit. This case is one of few brought by pregnant women themselves, rather than by abortion providers. Another similar case in Texas, brought by 22 patients and doctors seeking an emergency abortion of a non-viable pregnancy, is still being considered by the Texas Supreme Court.

The withdrawal of the lawsuit highlights the challenges faced by individuals seeking abortions in states with restrictive abortion laws. The ACLU of Kentucky expressed disappointment with the court's decision, stating that it forces individuals to bring lawsuits while in the midst of seeking time-sensitive healthcare. They believe that this should not be necessary to reclaim the fundamental right to control their own bodies.

The Kentucky case echoes the ongoing legal battle in Texas, where a pregnant woman named Kate Cox has launched an unprecedented challenge against one of the most restrictive abortion bans in the nation. These individual petitions for permission to have an abortion are the latest developments since the landmark Roe v. Wade decision was overturned last year by the U.S. Supreme Court.

While the legal landscape surrounding abortion rights continues to evolve, the withdrawal of the lawsuit in Kentucky serves as a reminder of the obstacles faced by those seeking reproductive healthcare and the ongoing fight for reproductive rights.

/ Monday, December 18, 2023, 8:36 PM /

themes:  Texas  Kentucky

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