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 is arguing that the amendment vote would’ve made it clear that the constitution does not protect abortion.— Karolina Buczek (@Karolina_Buczek) November 15, 2022
However, they argue, even without that anti-abortion language, the constitution does not protect abortion rights.@LEX18News
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.
I cannot leave the court while the hearing is happening, but I can clearly hear “bans off our bodies” chants happening outside.— Karolina Buczek (@Karolina_Buczek) November 15, 2022
We have an @LEX18News photographer out there checking it out. He says there are people holding signs that say things like “voters have spoken.” pic.twitter.com/GladSTR6uc
The side representing Kentucky's abortion providers argue abortion is constitutionally protected.
The side representing the abortion providers wants the court to reinstate an injunction that blocks KY’s abortion bans while the legal battle over the bans continues.@LEX18News— Karolina Buczek (@Karolina_Buczek) November 15, 2022
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 side representing the abortion providers says yes, even if the court blocks the trigger law and 6-week ban, there will still be some other bans in place.— Karolina Buczek (@Karolina_Buczek) November 15, 2022
However, they argue, there will be some access to abortion if the injunction is reinstated. @LEX18News
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.
I asked both sides how they thought it went in the courtroom. They both said they’re hopeful the court saw their points.— Karolina Buczek (@Karolina_Buczek) November 15, 2022
AG’s side stands by its argument that the constitution does not protect abortion rights. The abortion providers’ side argues it does. @LEX18News pic.twitter.com/QmR9bOKKHt
AG Daniel Cameron says it is his office’s responsibility to defend the laws passed by the General Assembly. @LEX18News also caught up with the KY Yes For Life chair. She’s disappointed voters said no on Amendment 2, but says they’re not done. She says lives are on the line. pic.twitter.com/39mbloUaAG— Karolina Buczek (@Karolina_Buczek) November 15, 2022
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.