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Supreme Court signals it will side with Kentucky attorney general in bid to defend restrictive abortion law

  • October 12, 2021

Breyer later said he may be confused about the facts of the case. But Justice Elena Kagan, another liberal, picked up on the point that much of the conflict arose from the fact that Kentucky’s leadership had switched parties over the course of litigation.

Then-Gov. Matt Bevin, a Republican, signed H.B. 454 into law in March 2018. When the surgical center filed suit shortly after, it named then-Attorney General Andy Beshear, a Democrat, as a defendant, but his office was soon dismissed from the case. Later, as the case was being appealed, Beshear was elected Kentucky’s governor and Cameron was elected attorney general. The state health secretary, still involved in the lawsuit, continued to defend the law until after the appellate ruling, when he said he would no longer do so.

Cameron’s lawyers told the court that the attorney general tried to intervene within two days of hearing that the secretary would stop defending the law.

“There’s a real-world way in which that seems to matter a lot. I mean, that creates the problem here, which is that there’s nobody left defending the state’s law,” Kagan said.

“And I think what Justice Breyer was saying is, ‘Gosh, that would be an extremely harsh jurisdictional rule'” if no one was willing to defend the law, even though there are parts of Kentucky’s government that still want the law defended, she said.

The lawyer, Alexi Kolbi-Molinas of the American Civil Liberties Union, replied that “harsh results don’t change whether or not a jurisdictional rule is imposed.”

Article source: https://www.cnbc.com/2021/10/12/supreme-court-signals-it-will-side-with-kentucky-ags-bid-to-defend-abortion-law.html

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