Kentucky Supreme Court Opinions

20 Feb 2023 2:21 PM | Jennifer Cocanougher (Administrator)

Cameron v. EMW Women's Surgical Center, P.S.C.

Docket: 2022-SC-0329-TG

Opinion Date: February 16, 2023

Judge: Lambert

Areas of Law: Civil Rights, Constitutional Law, Health Law

The Supreme Court affirmed the decision of the court of appeals dissolving the circuit court's temporary injunction against two statutes that effectively prohibit abortions in Kentucky except in limited circumstances where it is necessary to preserve the life of the mother, holding that the circuit court abused its discretion in granting the temporary injunction.

Plaintiffs, several abortion providers, filed for injunctive and declaratory relief against Ky. Rev. Stat. 311.772 and Ky. Rev. Stat. 311.7707-11, arguing that the bans contained in the statutes violated their patients' right to privacy under sections 1 and 2 of the Kentucky Constitution. The circuit court granted the temporary injunction. The court of appeals dissolved the temporary injunction against the bans. The Supreme Court affirmed, holding (1) Plaintiffs lacked third-party standing to challenge the statutes on behalf of their patients, but Plaintiffs did have first-party, constitutional standing to challenge one of the statutes on their own behalf; and (2) the court of appeals did not err in holding that the circuit court abused its discretion by granting the temporary injunction.

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