Attorney General Daniel Cameron | March 27, 2020 | Kentucky.gov

Statement from Attorney General Cameron Regarding the Continuation of Abortions During the COVID-19 State of Emergency

FRANKFORT, Ky. (March 27, 2020) — Attorney General Daniel Cameron today released the following statement regarding Kentucky’s abortion providers continuing to perform abortions during the COVID-19 pandemic.

Today, I’m calling on CHFS Acting Secretary Eric Friedlander to certify, pursuant to KRS 15.241, that Kentucky’s abortion providers are violating his ban on elective medical procedures during the COVID-19 pandemic by continuing to perform abortions. Kentucky’s current ban on elective medical procedures exists to further the mandated policy of social distancing and to help conserve medical resources for use in fighting COVID-19.

Acting Secretary Friedlander is on the front lines of fighting the COVID-19 pandemic, and I am confident that he understands, better than anyone, the necessity of ending abortion procedures during this health crisis. His certification will immediately trigger action by our office to stop elective procedures during the pandemic.

Abortion providers should join the thousands of other medical professionals across the state in ceasing elective procedures, unless the life of the mother is at risk, to protect the health of their patients and slow the spread of the coronavirus.

On March 14, Governor Beshear recommended that hospitals cease performing elective procedures. Subsequently, on March 23, Acting Secretary Friedlander ordered all “non-emergent, non-urgent in-person medical, surgical, dental, and any other healthcare practice or procedure” to cease. As explained by Acting Secretary Friedlander, the outbreak of COVID-19 is “a public health emergency.” Therefore, “[a]ggressive social distancing measures have been mandated by emergency order as a necessary measure to limit and contain the spread of the COVID-19 infection.”

For more information, contact Elizabeth Kuhn, 502-696-5300.

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Ky. Revised Statute 15.241 states: The Attorney General, upon certification by the secretary of the Cabinet for Health Services, shall seek injunctive relief in a course of proper jurisdiction to prevent violations of the provisions of KRS Chapter 216B regarding abortion facilities or the administrative regulations promulgated in furtherance thereof in cases where other administrative penalties and legal sanctions imposed have failed to prevent or cause a discontinuance of the violation. (Effective: July 15, 1998, amended 2005)

It is KRLA’s understanding that if there are violations and the (acting) secretary certifies, then the AG is required to seek injunctive relief. If there are violations and the (acting) secretary does not certify, the AG has discretion whether to seek the relief.

HB451 would further amend KRS 15.241 “to seek injunctive relief as well as civil or criminal penalties for violations of KRS Chapter 216B relating to abortion facilities and KRS 311.720 to 311.830 relating to abortions; provide that, in the absence of certification, the Attorney General may seek injunctive relief as well as civil or criminal penalties.”

The next date that the General Assembly will convene is Wednesday, April 1. We believe our pro-life legislators will pass HB451. But would Gov. Beshear sign it into law?

We’ve been following the news on our AG’s web pages.

Here are some headlines with a brief excerpt:

Attorney General Cameron Files Motion to Defend Commonwealth’s Pro-Life Heartbeat and Anti-Discrimination Laws

Jan. 31, 2020 | Link

“It is my duty to fight for those who cannot fight for themselves, and it is my job to stand in the gap and defend Kentucky’s pro-life laws… Kentuckians have made it abundantly clear that they support the unborn, and I am committed to doing everything I can to protect the sanctity of life and defend the will of the people by joining this case.”…

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Statement from Attorney General Cameron Following Conclusion of Oral Argument in Defense of Kentucky Law Banning Live Dismemberment Abortions

Jan. 29, 2020 | Link

“HB 454 does not ban the Dilation and Evacuation procedure in Kentucky, but it simply requires abortion providers to ensure that the unborn child dies before beginning the dismemberment procedure. This is, without question, a more humane way to perform the procedure. At issue today is our ability, as Kentuckians, to show compassion to the most vulnerable. That is a core mission of my office, to stand up for the voiceless. While we are confident in the compelling case made by our office before the court today, we will defend the law all the way to the United States Supreme Court, if necessary. That is my pledge to the people of Kentucky.”

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Attorney General Cameron Files Amicus Brief Protecting Unborn Children with Down Syndrome From Discriminatory Abortions

Jan. 23, 2020 | Link

Attorney General Daniel Cameron joined Indiana and 16 additional states in filing an amicus brief in the U.S. Sixth Circuit Court of Appeals urging the Court to uphold an Ohio law banning abortions where a doctor knows that the abortion is sought because the unborn child has Down syndrome…

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Prepared Remarks of Attorney General Daniel Cameron for the Inauguration of Constitutional Officers

Jan. 6, 2020 | Link

“To me, the role of Attorney General means adhering to one guiding principle – the rule of law (our emphasis). The bedrock of our society is that we are a nation and a government of laws, not of men, as John Adams once put it.

“And if we adhere to that simple principle, it makes the rest of our agenda fall right into place:

“Protecting and ensuring public safety.

“Providing reliability and consistency in the way that the AG’s office operates.

“Defending our state and the laws passed by our duly elected representatives in the General Assembly…”

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Many more than three cheers for AG Cameron!