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Kentucky Supreme Court hears oral arguments on statewide abortion bans

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Posted at 12:41 PM, Nov 15, 2022

FRANKFORT, Ky. (LEX 18) — The Supreme Court of Kentucky heard arguments Tuesday morning regarding Kentucky’s abortion battle.

The week prior, voters chose to not add anti-abortion to Kentucky's constitution. Now, the Supreme Court will interpret the unchanged constitution.

The side representing the abortion providers argues that the constitution protects abortion. The AG’s side argues it does not.

The AG's side argues the Supreme Court could add their own exceptions in its ruling. Chief Justice points out that lawmakers could’ve done that.

The side representing Kentucky's abortion providers argue abortion is constitutionally protected.

Tuesday's hearing is complicated because the court is not considering the abortion bans—instead they're considering the injunction.

The justices are not going to rule on the two laws—the state's trigger ban and a separate 6-week ban—but instead rule on whether the injunction to block the laws will be reinstated.

The court has pressed both sides. They questioned the abortion providers’ side about whether there is a constitutional right to abortion and questioned the AG’s side on whether pregnant women’s rights were being infringed if they cannot make life saving decisions.

There is no word when the court will rule but they will rule on the injunction.

The injunction would allow abortion to resume while the legal battle continues, so they argue a lot is on the line.

Pro-abortion rights protesters stood outside the courtroom and chanted the entire hearing. They want lawmakers and the AG to listen to the people’s 'No' vote on Amendment 2.