April 4, 2022 | Elizabeth Kuhn, Ky Office of the Attorney General News

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.

Read more. Read the Petition.

By Dave Andrusko, NRLC Communications | March 3, 2022

The Supreme Court [has] agreed with Kentucky’s Attorney General that he should be allowed to defend “The 2018 Human Rights of the Child Act”.

Kentucky’s H.B. 454 prohibits live dismemberment abortions that “will result in the bodily dismemberment, crushing, or human vivisection of the unborn child” when the unborn child is 11 weeks or older.

“The justices ruled 8-1 in favor of Kentucky Attorney General Daniel Cameron, the top legal officer in the state, in his appeal of a lower court’s rejection of his request to intervene in the litigation,” wrote Andrew Chung. The lone dissenter was Justice Sonia Sotomayor. The issue before the justices was not the constitutionality of the law. The question, rather, was  whether Cameron would be allowed to intervene to defend HB 454.

Justice Samuel Alito wrote the 38 page opinion.

Background

[The] EMW Women’s Surgical Center [and the ACLU] immediately challenged Kentucky’s law, passed in 2018. As for Cameron’s request to be allowed to defend HB 454, “It argued that Cameron should not be able to take the case further because the state attorney general’s office previously agreed to be bound by the lower court’s final judgment and then did not pursue an appeal,” according to Chung...

Newly elected Cameron appealed to the 6th Circuit which ruled he waited too long. Cameron then appealed to the Supreme Court. Oral arguments were held in October 2021.

Read more.

For more background, see the KRLA Forum Dismemberment-Law-Appeal category.

Attorney Matt Kuhn, shown center in a gray jacket enjoying the March 1 KRTL Rally, argued the case before SCOTUS.

Promises Made Promises Kept…

Attorney General Cameron vowed from day one to defend the laws of our Commonwealth and he has not wavered in his promise. Over a year ago we stood on the steps of the US 6th Circuit Court of Appeals in Cincinnati, Ohio, where he pledged his commitment — to defend, if necessary, HB 454 -The 2018 Human Rights of the Child Act banning live dismemberment abortions, all the way to the US Supreme Court. Today he kept that promise.

As Kentucky Right to Life Executive Director, it was an honor to stand at the Supreme Court of the United States representing ProLife Kentuckians in support and prayer for General Cameron, Deputy Solicitor Matt Kuhn, and the entire legal team as they defended the “right to intervene” on behalf of Kentucky’s ProLife law that passed by an overwhelming majority of the Members in 2018. I am very proud of my former colleagues, especially the 106 of 138 members who courageously voted to end this particularly gruesome form of abortion that brutally extinguishers the life of an unborn child.

- Addia K. Wuchner, Executive Director, Kentucky Right to Life and former State Representative-Boone Co., Kentucky

See lots more pictures on our Facebook page!

You can read the transcript of the Argument here and listen to the audio here.

Thank you to all who attended the Oct. 6 Press Conference!

Despite some rain, AG Cameron encouraged pro-lifers with his positive message and answered all the questions of the media. See the slide show and full video here!

We are counting down the days! On October 12 Attorney General Cameron and his team will argue before the U.S. Supreme Court for the right to defend Kentucky’s ProLife Law banning live dismemberment abortions.

KRTL’s Executive Director, Addia Wuchner, was the sponsor of The Human Rights of the UnBorn Child Act - banning live dismemberment along with each member of the 2018 Ky General Assembly who cosponsored and worked to pass HB454. We are grateful to AG Cameron and his team for their commitment to defend the laws of Kentucky extending dignity and respect to the unborn child.

For full background on this case see this page. The Law was originally passed during the Bevin administration, and defended by Gov. Bevin’s administrative team of attorneys. When our new governor entered office, it became impossible to defend the case, since his AG determined to drop it. It had been in the court system since the spring of 2018.

An excellent summary of the legislation history is on AG Cameron’s media statement as well.

On Monday, June 14, Attorney General Daniel Cameron filed a brief before the United States Supreme Court in support of his defense of House Bill 454, Kentucky’s law prohibiting live-dismemberment abortions. Read his full statement here.

A year and a half ago the Sixth Circuit Appeals Court heard the arguments for and against HB454. A media event organized by our current executive director raised public awareness about the legal case, how babies are aborted, and AG Cameron’s defense of the Ky law. At that news conference AG Cameron promised to pursue the case to SCOTUS if the Appeal was denied, which it was about this time last year. Learn more here. Following is a statement by Addia Kathryn Wuchner on AG Cameron’s bold stand.

As a former Kentucky state representative and the author and sponsor of ‘HB 454, The Human Rights of the Child Act Banning Live Dismemberment Abortions,’ and as Executive Director of Kentucky Right to Life, we are grateful and stand in full support of Attorney General Daniel Cameron and his unwavering commitment to the defense of life.

In January 2020, outside the US Court of Appeals in Cincinnati, Ohio, at our joint press conference, AG Cameron publicly affirmed that he would defend human life and appeal the case to the Supreme Court if necessary. Thank you for being a leader of integrity and a man of your word!

HB 454 banning live dismemberment abortions in Kentucky reflects the judgment of the citizens of our Commonwealth that certain abortion practices are so barbaric and gruesome, they warrant exclusion from a civilized society.

Without a doubt, ultrasound affirms that “by the end of 10 weeks, the unborn child has fingers, hands, arms, toes, feet, legs, eyelids, and ears” — confirming that the unborn child is in fact a human being, and affirms our work in defending the ‘human rights’ of the child.

When we look at all the human rights injustices that deform our society and culture today, we are paralyzed in moving forward to address any of them, until we resolve the greatest human rights issues of our day: the basic right to life and the human rights of every child.

Further notes

• Many people do not know that Dilation and Evacuation Abortion is a surgical procedure during which the limbs and torso of a live, in-utero fetus are torn off by the abortionist's forceps, and the skull crushed. The fetus feels pain as early as 12 weeks, and the D&E abortion is performed beginning at 13 weeks.
• In 2018 when the ‘Dismemberment Abortion’ Legislation passed, science had ascertained that pain was felt by a fetus as early as 20 weeks. In 2017 the “Pain Capable” Law was passed in Ky, limiting the procedure of abortion to 20 weeks. The 12-week threshold was reported by the American College of Pediatricians earlier this year.
• Did you know that Planned Parenthood and other abortion providers at times facilitate a D&E abortion to deliver baby parts for use by research labs? This controversy was initially publicized by ABC News in 2000 and then further exposed by David Daleiden and the Center for Medical Progress in a series of videos starting in mid-2015, and his revelations landed him in a legal quagmire that continues today.
• The practice of using baby body parts in research, funded by taxpayers and the federal government, was restricted by former President Trump. His policy was repealed this past April, as reported on the KRLA Timeline.
• Read more about Ky’s Dismemberment Law on this website here and here.

A quick review of bogged-down cases:

1. On Oct. 30, AG Daniel Cameron requested SCOTUS to review the Dismemberment Abortion law which the Appeals Court overturned last June. This law passed the Ky legislature in April of 2018. In Nebraska, a law prohibiting D&E abortion on live unborn babies went into effect last month. This means that 14 states have passed such legislation, but only four have enacted their law: Nebraska, Miss., W. Va. and Ohio. Why not Ky? Think positive and pray.
2. On Nov. 20, the ACLU, Planned Parenthood and the EMW, along with attorneys from Calif., Washington D.C., New York, and Louisville (total 13 attorneys), filed a document in the Sixth Circuit Court of Appeals to request an En Banc hearing of the Transfer Agreements case which the Appeals Court panel upheld on October 16. The TA law passed the Ky Legislature in July of 1998. It had been ignored before Bevin took office.
3. In the spring of 2019 Ky’s Heartbeat and No Discrimination laws passed and were quickly challenged and combined in a legal maneuver by the ACLU. Last spring Western District Judge Hale stated he would wait to hear the Appeals Court verdict on an Ohio law, Preterm-Cleveland v. Himes, which would ban abortion on Down Syndrome babies, before deciding the case. However, a Tenn. law similar to Ky’s Heartbeat/No Discrimination laws was partially upheld by the Appeals Court on Nov. 20, to ban abortions based on Down Syndrome or race. This action could affect Judge Hale’s decision. The Appeals panel did not uphold the entire Tenn. law. Ky AG Daniel Cameron led an 18-state coalition in an Amicus brief, asking the Appeals Court to uphold the entire law.

Some existing laws are also in a state of suspension. Ky’s law to require that women be made aware of the Abortion Pill Reversal method by her abortion doctor, which passed in spring 2019, is not currently enforced since a woman can order abortion pills online with only an online medical consultation. See Ruling here. It’s likely that not many women know this, or abortion statistics for the EMW would be lower. This national ruling also overrides, we assume, Ky’s law against TelMed, WebCam or “telehealth” abortions.

Ky law also requires that a physician certify that an abortion is necessary, and this doctor must also describe the basis for his/her best clinical judgment. Numerous articles state that most abortions are done for social or economic reasons.

Though ‘clinical’ once referred to medical treatment, it now only means that a person has been observed in a clinic setting.

Laws may be suspended when their criteria are blurred or prevented by societal change. Such change engenders legal challenges to good laws.

Let’s continue to insist on the rule of law and work hard for pro-life goals.

UPDATED on Jan. 6, 2021 | Watch for further comment.

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KRLA will not recognize a winner of the 2020 presidential election until all results are certified and any legal challenges are resolved. We support Rhonda Palazzo’s team in their efforts to verify voting results in Jefferson Co.

We are somewhat surprised that the mainstream media declared a winner nearly a week ago, and that these sources have doubled down on their selection in round-the-clock or nightly coverage.

We also are somewhat surprised that our Facebook posts have effectively been countered by their censors. Nearly each time we add a news story that exposes voter fraud, they add a message that sends viewers to their own Voter Information Center. We will additionally begin sharing pro-life news and info on up-and-coming social media sites Parler.com and USA.life/KYRTLA.

Facebook lists the media we should trust for election news: Reuters/NEP*/Edison, AP, CNN, ABC, NBC, CBS, USA Today, NY Times, Washington Post, Fox News and WSJ. That last one came as another surprise. But the WSJ.com front page has this headline (on Nov. 11): Biden and McConnell Hold Key to Cooperation.

But hold on!

The people we trust are continuing to uphold the Rule of Law. Attorney General Daniel Cameron has signed an Amicus Brief in support of a Republican lawsuit challenging Pennsylvania mail-in ballots before the U.S. Supreme Court.

President Trump has stated:

The American people are entitled to an honest election: That means counting all legal ballots, and not counting any illegal ballots. This is the only way to ensure the public has full confidence in our election.

Leader McConnell has said:

Obviously, no states have yet certified their election results. We have at least one or two states that are already on track for a recount and I believe the President may have legal challenges underway in at least five states.

President Trump is 100% within his rights to look into allegations of irregularities and weigh his legal options.

A conservative news source has this infographic today. Looks like President Trump is in the lead.

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The Tinkerbell Effect

Let’s clap for the Rule of Law! It may sound like a funny thing to do, but a popular article on the web, The Rule of Law and the Tinkerbell Effect, suggests that, like Tinkerbell of Peter Pan fame, the Rule of Law must be believed in and applauded, or we face anarchy and demise. It only exists by popular support.

On Nov. 14 many pro-lifers and patriots met at the Capitol in Frankfort to rally for Honest Elections and the Rule of Law! Read more.

* NEP- The National Election Pool, a consortium comprised of ABC News, CBS News, CNN and NBC News, works with Edison Research to provide accurate and timely nationwide vote tabulation, exit polls, election projections and delegate estimates.

FRANKFORT, Ky. (October 30, 2020) – Attorney General Daniel Cameron today filed a petition for a writ of certiorari before the United States Supreme Court asking the court to hear the ACLU’s challenge to Kentucky’s live dismemberment abortion law (House Bill 454). The law, passed by the General Assembly in 2018, prohibits abortionists from performing gruesome Dilation and Evacuation procedures (D&E) on a living unborn child.

Read more.

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!