FRANKFORT, Ky. (April 4, 2022) – Attorney General Daniel Cameron today filed a petition with the United States Court of Appeals for the Sixth Circuit asking the court to rehear a challenge to Kentucky’s law prohibiting live dismemberment abortions (HB 454). The petition was filed following a ruling by the U.S. Supreme Court, which found that Attorney General Cameron can continue to defend HB 454 on behalf of the Commonwealth.
“In an 8-1 decision, the highest court in our land recognized our ability to defend Kentucky’s law banning live dismemberment abortions, and today we took the first step to continue our defense,” said Attorney General Cameron. “We will fight for as long as it takes to ensure this important law is enforced in Kentucky.”
In 2018, the Kentucky General Assembly passed HB 454, and the law was immediately challenged by a Kentucky abortion clinic. After being sworn into office, Attorney General Cameron defended HB 454 in court on behalf of the Beshear Administration. But when the Beshear Administration decided to stop defending the law, Attorney General Cameron asked to step in. The Sixth Circuit refused the Attorney General’s effort, and Attorney General Cameron took his case to the United States Supreme Court. In March, the court ruled that he can defend the law.
Attorney General Cameron’s petition argues that the Sixth Circuit should rehear the case in light of the U.S. Supreme Court’s decision in June Medical Services, LLC v. Russo, which established the standard for reviewing laws like Kentucky’s HB 454. The petition also points out that in the time since the Sixth Circuit panel ruled in the case, the Fifth Circuit has upheld a similar law in Texas prohibiting live dismemberment abortions.
It is now up to a three-judge panel or to the entire Sixth Circuit to decide if the case will be reheard.
To view the petition, click here.