Following the Supreme Court's decision to overturn Roe v. Wade and in the absence of federal abortion protections, the fight to protect access moved to the states. Immediately following the Dobbs decision, we sued in state court, arguing the Kentucky Constitution guarantees the rights to privacy, bodily autonomy, and self-determination.

Abortion Bans Take Effect and the Fight for Abortion Access Moves to the States

As soon as the court released the Dobbs opinion, Kentucky's two remaining clinics stopped providing abortion services out of an abundance of caution, knowing Attorney General Daniel Cameron and other extreme, anti-abortion activists and politicians would claim that Kentucky's "trigger law" went into effect, banning abortion care at all stages of pregnancy.

Alongside Planned Parenthood, we immediately sued in Jefferson Circuit Court, arguing the Kentucky Constitution’s rights to privacy, bodily autonomy, and self-determination protect the right to abortion. We also argued the trigger law violates provisions of the constitution that require the Kentucky General Assembly to put laws into effect themselves. By relying on the Supreme Court to overturn Roe v. Wade, Kentucky lawmakers effectively shifted that authority to the federal judiciary.

Abortion Access Restored

On June 30, 2022, the circuit court agreed with our arguments that these bans violated Kentuckians' rights to privacy, boldily autonomy, and self-determination. Judge Mitch Perry granted a restraining order that temporarily blocked Attorney General Cameron and other state actors from enforcing the bans and allowed both clinics to resume abortion services.

Cameron attempted to undo this victory twice, and lost both times. The circuit court then heard arguments from both sides about the constitutional claims in our lawsuit. Following a full day of arguments and written briefs, the court granted a temporary injunction on July 22, 2022, blocking enforcement of the abortion bans as our lawsuit moved forward.

In his order granting the temporary injunction, Judge Perry also examined other parts of the Kentucky Constitution and found these bans violate even more provisions of the constitution. The court stated these bans violate Kentuckians' right to freedom of and freedom from religion and right to equal protection under the law. In the order, Judge Perry wrote that abortion bans are "distinct" to some faiths, adding that the General Assembly "is not permitted to single out and endorse the doctrine of a favored faith for preferred treatment," calling lawmakers' actions "theocratic policymaking." Additionally, Judge Perry stated abortion bans violate Kentuckians' right to equal protection by providing "no legitimate reason why the woman must bear all the burdens of these laws while the man carries none."

Abortion Bans Take Effect

Cameron appealed the temporary injunction and a single appeals court judge reinstated both abortion bans, forcing both clinics to stop providing care on August 1, 2022. We immediately fought back, appealing to the Kentucky Supreme Court. On August, 18, 2022, the Supreme Court denied our emergency request and scheduled oral arguments for November 15, 2022.

The State of Abortion Access

Abortion is currently illegal in Kentucky at all stages of pregnancy. If you or someone you know is seeking abortion care, visit AbortionFinder.org and AbortionFunds.org. Both organizations provide information about accessing legal care out of state and how to seek assistance with costs, transportation, navigating the healthcare system, and more.

Motion to Dismiss

On June 20, 2023, the American Civil Liberties Union of Kentucky, ACLU, PPFA, and PPGNHAIK today filed motions (linked here) to dismiss the case EMW v. Daniel Cameron. In response to the filing, the groups issued the following joint statement:

“We moved to dismiss this case because earlier this year, the Kentucky Supreme Court issued an extraordinary ruling that took away health care providers’ ability to defend the rights of their patients, upending decades of precedent. Bringing cases on behalf of patients has been standard practice in Kentucky and across the country for good reason — numerous obstacles stand in the way of patients coming forward to participate in litigation.

“We remain open to hearing from patients who are in Kentucky and need to access an abortion; those patients can pursue a challenge to the complete ban and six-week abortion ban and help restore abortion access in the Commonwealth. If you are in Kentucky, seeking an abortion, and want to know more about possibly being a plaintiff in a lawsuit like this, our phone lines are open for them to give us a call or text us at (617) 297-7012.”

 


View legal documents and court orders in the menu at the bottom of this page.

Pro Bono Law Firm(s)

ACLU of Kentucky, ACLU, Craig Henry PLC, Planned Parenthood Federation of America, and O'Melveny & Myers LLP

Court

Initial case before Jefferson Circuit Court, Division Three | Appeals currently before Kentucky Supreme Court

Judge

Mitch Perry, Jefferson Circuit Court | The 7 justices of the Kentucky Supreme Court

Status

Dismissed

Case number

Original case in Jefferson Circuit Court: 22-CI-003225 | Appeals currently before Kentucky Supreme Court: 2022-SC-0329-TG

Press releases and legal documents

Press Releases

Follow the case

August 18, 2022: Abortion Remains Banned in Kentucky

The Kentucky Supreme Court has allowed two abortion bans to remain in effect. Abortion remain illegal in Kentucky at all stages of pregnancy. Read more.

August 2, 2022: We're Asking the Kentucky Supreme Court to Block the State's Abortion Bans

A Kentucky appeals judge allowed the state's abortion bans to take effect. We're appealing to the Kentucky Supreme Court. Read more.

August 1, 2022: State Court Reinstates Abortion Bans

A Kentucky appeals court judge has allowed Attorney General Daniel Cameron to enforce the state's abortion bans. Read more.

July 22, 2022: Kentucky Court Extends Block on Abortion Bans, Abortion Remains Legal in Kentucky

Abortion remains legal in Kentucky. A court has blocked Attorney General Cameron from enforcing abortion bans as our lawsuit continues. Read more.

June 30, 2022: Kentucky Court Blocks Abortion Bans

Victory! A Kentucky court has blocked the state's total and six-week abortion bans. Read more.

June 27, 2022: ACLU, Others Sue for Right to Abortion Under Kentucky State Constitution

We're suing in state court to secure your right to access abortion under the rights to privacy and bodily autonomy outlined in sections 1 and 2 of the Kentucky Constitution. Read more.

June 27, 2023: Statement on Dismissal of State Abortion Case

Due to the extraordinary ruling stating providers did not have standing to sue on behalf of their patients, we filed motions to dismiss this case. However, the fight isn't over. Read more.

Initial Court Filings | June 27, 2022

Read our challenge to Kentucky's abortion bans, our proposed orders, and our factual exhibits

Read our lawsuit arguing the Kentucky Constitution protects the right to abortion by guaranteeing rights to privacy, boldily autonomy, and self-determination.

Read the exhibits from expert witnesses and Kentuckians who have personal experiences with pregnancy and abortion care.

Exhibit AExhibit BExhibit CExhibit DExhibit EExhibit FExhibit GExhibit H

Restraining Order Blocking Enforcement of Abortion Bans | June 30, 2022

Soon after we sued, the court stopped AG Cameron from enforcing abortion bans

Jefferson Circuit Court Judge Mitch Perry issued this restraining order on June 30, 2022, temporarily blocking Attorney General Cameron and other state actors from enforcing the "trigger law" and six-week ban.

Restraining orders are meant to be in place for only a short period of time to block enforcement of laws as the court considers next steps. We showed the court that Kentuckians were suffering irreperable harm by being forced to remain pregnant against their will – violating their rights to privacy, bodily autonomy, and self-determination as guaranteed by the Kentucky Constitution – convincing the court to issue the order.

AG Cameron Attempt to Reverse Restraining Order | July 2, 2022

Attorney General Cameron sought to reverse the restraining order that protected access to abortion care

Immediately after Jefferson Circuit Court Judge Mitch Perry issued the restraining order to temporaily block enforcement of the abortion bans, Attorney General Daniel Cameron filed an emergency motion in the Court of Appeals. AG Cameron's asked the Court of Appeals to reverse the restraining order that restored access to abortion care. The Court of Appeals denied his request on July 3, 2022, noting the court did not even have the authority to reverse the restraining order. Cameron then filed an emergency motion before the Kentucky Supreme Court asking them to reverse the restraining order. The Supreme Court denied his request and issued this short order on July 5, 2022.

Court of Appeals

Read AG Cameron's emergency motion here. Read our response here.

Supreme Court of Kentucky

Read AG Cameron's emergency motion here. Read our response here.

Temporary Injunction to Block Enforcement for Duration of Lawsuit | July 22, 2022

The court blocked AG Cameron from enforcing abortion bans for the duration of our lawsuit

Judge Mitch Perry of Jefferson Circuit Court issued this temporary injunction on July 22, 2022, extending the effects of the restraining order and blocking Attorney General Cameron and other state actors from enforcing the "trigger law" and six-week ban for the duration of our lawsuit.

Temporary injunctions extend the effects of short-term restraining orders and block enforcement of laws for the duration of a lawsuit. The court heard arguments from both sides and considered the constitutional merits before issuing the order. We successfully convinced the court that the laws violate Kentuckians' fundamental rights, resulting in this injunction.

July 28 – August 1, 2022 | AG Cameron Appeal of Temporary Injunction, Abortion Bans Take Effect

Attorney General Cameron appealed the temporary injunction. A judge in the Court of Appeals and the Kentucky Supreme Court allowed the abortion bans to take effect.

When Judge Perry of Jefferson Circuit Court issued the temporary injunction blocking enforcement of the abortion bans for the duration of our lawsuit, AG Cameron appealed. A single appeals court judge granted his request in this order, allowing the abortion bans to take effect on August 1, 2022.

The appeals court judge abused their discretion by completely ignoring the facts uncovered in Jefferson Circuit Court and presenting anti-abortion arguments they created on their own. The Kentucky Court of Appeals is required to consider the evidence found in the lower court, but this order did not even cite any information from Judge Perry's lower court findings.

The Court of Appeals order allowed AG Cameron to begin enforcing the abortion bans, forcing Kentucky's only two providers to stop all abortion services. We immediately appealed to the Kentucky Supreme Court. On August 18, 2022, the Supreme Court declined to take action, issuing this order. They scheduled oral arguments for November 15, 2022.

These recent orders from the Court of Appeals and the Kentucky Supreme Court are only emergency motions. The courts have yet to rule on the merits of our challenge to the abortion bans and our lawsuit will continue.

Additionally, voting NO on Amendment 2 remains as important as ever. While the court has allowed the bans to temporarily remain in effect, they did not rule as to whether the Kentucky Constitution protects abortion. Some justices even wrote "that prior to the oral arguments in this case, the citizens of this Commonwealth will have an opportunity to embrace or reject an amendment to our Constitution bearing directly on many of the issues in the underlying circuit court action. We look forward to that expression of the will of the Commonwealth." 

Court of Appeals 

Read AG Cameron's appeal here. Read our response here.

Supreme Court of Kentucky

Read our appeal of the order granting AG Cameron's request here. Read AG Cameron's response here.

September 19, 2022 | Kentucky Supreme Court Opening Briefs

We submitted our opening briefs to the Supreme Court arguing the Kentucky Constitution protects the right to abortion.

The Kentucky Supreme Court requested opening briefs from both parties. Read our opening brief here (see appendix 1 here and appendix 2 here) and see the attorney general's opening brief here. Both sides will submit a response to the other's opening brief on October 24, 2022. Oral arguments are scheduled for November 15, 2022.

October 24, 2022 | Kentucky Supreme Court Response Briefs

We submitted our response to the attorney general's opening brief ahead of oral arguments on November 15.

Following opening briefs submitted on September 19, the Kentucky Supreme Court requested simultaneous responses from both parties. Read our response brief here and see the attorney general's response here.

Oral arguments are scheduled for November 15, 2022.

June 20, 2023 | Motions to Dismiss

We submitted motions to dismiss this case.

Due to the extraordinary ruling stating providers did not have standing to sue on behalf of their patients, we filed motions to dismiss this case.