by Addia Wuchner, RN, Executive Director, KRTL

We are approaching the last critical aspect of insuring the passage of Amendment #2— The GOTV - Get Out The VOTE for the November General Election!

You have all been so great, attending our Yes for Life informational sessions, ordering yard signs, shirts and bumper stickers, and donating. Thank you for sharing the TRUTH about Amendment #2 and dispelling the lies and misinformation put forth by the abortion industry.

We still have much work to accomplish: raising $$$, distributing more yard signs, and walking the neighborhoods. We need a YES Vote by 51% to win passage of Amendment #2.

Tomorrow, Sunday, marks our 51 Days of Prayer for 51% of the Vote! It's a critical aspect of our campaign that you can do, rain or shine no matter wherever you are.

We will be outspent by millions and bombarded by lies from the powerful forces of the abortion industry, but we place our trust in our Creator. Prayer is our smooth stone, like the biblical David's stone, that slays the giant Goliath— the abortion industry cartel.

Thank you for your faithful and unwavering support for the most vulnerable in our midst, Kentucky’s unborn children and their mothers.

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The mainstream media tells us that women are not able to get basic healthcare and medicines because of the current closure of abortion clinics. Abortion is not health care! It is the only pill or medical procedure that results in the intended termination of an unborn child.

Please watch the first minutes of this KET video with testimony about what the Yes for Life Constitutional Amendment actually would accomplish, or read the transcript here. It makes clear that this Amendment to our Constitution ONLY prevents activist judges from issuing ‘opinions’ and controlling the abortion issues through our courts.

Kentucky’s Constitution states that our legislators alone are permitted to create laws. The legal suit challenging current abortion law declares that the statute in question is unconstitutional. If judges are permitted to insert and find new rights in our Constitution, where does it end? What will be the next right an activist judge will find in Ky’s Constitution?

You are invited to a post-Roe Family Celebration, a Yes for Life Rally, and the 44th Annual Kentucky RTL Walk!

The Walk will be in Frankfort this year on the beautiful Capitol grounds. Register near the steps of the Capitol at 1 p.m. on Saturday, October first.

At 2 p.m. our celebration of the end of Roe in the USA and the closing of Kentucky's abortion clinics kicks off. This celebration combines a Rally for Yes for Life, because passing Ballot Measure #2 in the November General Election ensures that no right to abortion nor any funding for abortion can be found in the Kentucky Constitution.

Confirmed speakers include Dr. Al Mohler, President of the Southern Baptist Theological Seminary and Most Rev. John Iffert, Bishop of Covington. Please make plans, mark your calendar and watch for more details!

by Addia Wuchner, RN, Executive Director, KRTL

“No woman can call herself free who does not control her own body.”

“My body! My choice!”

“Nobody should be able to tell us what we can and cannot do.”

“Nobody should be able to take our rights away from us.”

“Bans off our bodies”

All of these quotes were found on webpages with content pushing a woman to think of herself as a tower of strength without regard for common female values. The webpages or videos are associated with Planned Parenthood, a corporation that makes A LOT of money from performing abortions. Would anyone consider that a 'conflict of interest'?

The idea that a woman ought to have complete autonomy over her own body is a mantra for unicorns.

We are reminded of Abby Johnson’s testimony during the 2019 Ky Legislature Senate hearing for the 'Heartbeat' Bill. Abby is a former Planned Parenthood clinic director, who testified for the bill sponsor, Sen. Matt Castlen. She said A LOT, even: “Abortion is not normal; taking the life of your own flesh and blood who has your own DNA is not normal. And there are healing resources available.” You can hear her entire testimony here.

Read thousands (or as many as time permits) of aborted women’s testimonies here.

Expectant females must insist on the right to be free of heavy-handed, discouraging rhetoric that pushes them to deny any role to men from people who will never encourage them to give birth or to love their child or to place the child for adoption.

None of us lives for herself alone. People need each other. Thousands of couples wish to adopt.

Stop and think, ladies. Why not rather say, “Bans Off Our Hearts!”

MEDIA STATEMENT provided by Addia Wuchner, RN, Executive Director, KRTL | 8-18-22

Pro-lifers are ecstatic about the Kentucky Supreme Court decision today that concurs with the state Court of Appeals ruling— to keep the abortion clinics closed as the challenge to our Trigger and Heartbeat Laws is litigated.

This means that babies and mothers are safe from abortions in Kentucky for now. The Court has stated it will not take up the issues raised in the case until November 15, 2022, a week after the November 8 General Election.

We are fully engaged in the Yes-For-Life campaign to ensure passage of Ballot Amendment #2. Voting YES will stop the radical abortion agenda in our state, and it will prevent taxpayer funding of abortion. The amendment ensures that our duly elected legislators make the laws of our state, as our Constitution requires.

Thank you Attorney General Daniel Cameron for your strong leadership in standing up for the right to life. General Cameron stated in a media release today,

“In Dobbs, the United States Supreme Court returned the issue of abortion to the elected representatives of the people of each state. So that the promises of Dobbs may be realized, and to avoid being embroiled in another 50 years of political acrimony, courts around the country, and here at home, must allow our policy makers in the General Assembly to speak for the people they represent. We are pleased with this victory for life and the rule of law and will continue to prepare for the arguments the Court has scheduled.”

MEDIA STATEMENT provided by Addia Wuchner, RN, Executive Director, KRTL | 8-1-22

On Monday evening Judge Larry E. Thompson of the Kentucky Court of Appeals granted an emergency ‘stay’ that will spare the lives of Kentucky unborn babies scheduled to be terminated by abortion on Tuesday.

Judge Thompson noted, “One cannot discount the reality that any abortions performed in the interim period, in which the pending CR 65.07 motion and the issue of constitutionality of the statutes make their way through the courts, cannot be undone should Movant prevail on the merits in his defense of the statutes.”

We are grateful for these courageous words and the wisdom of Judge Thompson.

This ruling was in response to the temporary injunction issued by Jefferson Circuit Judge Mitch Perry that allowed abortion in Kentucky to continue. His injunction ignored Kentucky’s duly enacted ‘Trigger Ban’ and Heartbeat Law. In granting the stay, Judge Thompson recognized the sad reality that dozens of innocent human lives would be irretrievably lost before the case is finally decided unless the Trigger Law was allowed to be enforced.

Kentucky Right to Life salutes Attorney General Daniel Cameron and his team for their perseverance and legal acumen in defending the laws of the Commonwealth and our Kentucky Constitution.

By Calvin Freiburger | National Right to Life News | July 26, 2022

Roe v. Wade can no longer be used in court to claim a constitutional “right” to abortion, but a judge in Kentucky has asserted a new rationale for blocking legal protections for the preborn.

On Friday, Jefferson Circuit Court Judge Mitch Perry granted abortion facilities in the Bluegrass State a temporary injunction against enforcement of two pro-life measures, a heartbeat-based abortion ban and a general abortion ban designed not to take effect until Roe was overturned, which together effectively prohibit nearly all abortions.

Perry claimed there was a “substantial likelihood” that the laws “violate the rights to privacy and self-determination” as well as to equal protection and religious freedom under the Kentucky Constitution, and suggested that the trigger law was “unconstitutionally vague” and an “unconstitutional delegation of legislative authority.”

Republican state Attorney General Daniel Cameron rejected Perry’s assertions about the state’s constitution. Cameron has previously argued that the “non-enforcement of even ordinary statutes amounts to irreparable harm. The non-enforcement of the Human Life Protection Act and Heartbeat Law amounts to something far more grave. These laws prohibit what the General Assembly has determined is the unjustified taking of unborn human life. So every day that these laws are not enforced is a day in which unborn children of the Commonwealth perish.”

Kentucky’s 15-week abortion ban currently remains in effect.

The ruling reflects plans pro-abortion activists have mulled for years to root abortion-on-demand in state constitutions rather than the U.S. Constitution, to insulate it from action by the U.S. Supreme Court. Of particular note is Perry’s assertion that the laws’ premise of life beginning at conception is “a distinctly Christian and Catholic belief,” enforcement of which constitutes an establishment of religion.

“Other faiths hold a wide variety on when life begins and at what point a fetus should be recognized as an independent human being,” Perry said. “The laws at issue here, adopt the view embraced by some, but not all, religious traditions, that life begins at the moment of conception. The General Assembly is not permitted to single out and endorse the doctrine of a favored faith for preferred treatment.”

Read more.

MEDIA STATEMENT provided by Addia Wuchner, RN, Executive Director, KRTL | 7-22-22

Today, July 22, 2022, Jefferson Circuit Judge Mitch Perry issued a ruling to continue blocking the Humanity in Healthcare Act of 2022 and the ‘Heartbeat Law’ of 2019. Abortions in Kentucky continue to be performed, despite the overturn of Roe and the “Trigger Law” passed in 2019 in a bipartisan vote. That law ended abortion in Kentucky when or if Roe was overturned, with the exception of the health risk and medical condition of the mother.

Let me be direct, Kentucky’s battle for the human rights of the child is in the courts because Planned Parenthood, ACLU and EMW seek to have a Kentucky judge and our courts undermine the laws of the Commonwealth.

We find today’s decision by Judge Perry an exercise in raw judicial power on behalf of the abortion industry.

What is most disturbing is that Judge Perry wrote in his opinion, “the court finds any harm the defendants may suffer is outweighed by the interests of the plaintiffs,” which effectively means he believes that the abortion providers’ interest outweighs the life of a human child.

Kentucky’s laws to push back the aggression of the Roe decision, reflect the values of Kentuckians that honor the humanity of both the woman and her child. For over 100 years, the laws of the Commonwealth have upheld the intrinsic dignity of each and every life, defined in our Constitution as beginning at conception.

As prolife advocates, today’s ruling only confirms our mission this November to pass Constitutional Amendment 2, ‘Yes for Life,’ so that no politician, president, legislator or judge can invent the right to abortion based on political ideologies or interpretations of our constitution or the influence of any extremist multimillion dollar industry representing their own interests.

Navigating the growing confusion of legislative initiatives and lawsuits that have followed in the wake of the overturn of Roe v Wade is a daily duty.

Please join Kentucky Right to Life and our Chapters as we stand with National Right to Life Committee (NRLC), the federation of state right-to-life organizations, to strongly oppose the so-called Women’s Health Protection Act of 2022 (HR 8296) and the Ensuring Access to Abortion Act of 2022 (HR 8297). Read more here. Both of these bills passed the House on July 15.

The video below describes some of what is at stake.

You may call your legislators directly or call the U.S. Capitol Switchboard at 202-224-3121.

- Addia Wuchner, Executive Director, Kentucky Right to Life

 

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“HR 8296 would legally authorize and enable the violent death of unborn baby girls and boys by dismemberment, beheading, forced expulsion from the womb, deadly poisons, or other methods at any time, for any reason, until birth.”

MEDIA STATEMENT provided by Addia Wuchner, RN, Executive Director, KRTL | 7-8-22

Two weeks ago, in the majority opinion, written by Justice Samuel Alito, the High Court noted: Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.

“Following the Dobbs decision, which returned the debate on abortion to Congress and the state legislatures, we have continued to witness concerted efforts by the Biden administration under extreme pressure on behalf of the abortion industry to execute their plan to promote and expand abortion under the umbrella of protecting women’s health,” said Addia Wuchner, executive director, Kentucky Right to Life. “Misinformation and deceptive statements presented by the abortion providers has been nothing more than scaremongering intentionally directed at the very women that they profess to care about. The President’s speech today and his Executive Order reflect the same tactics.”

To be perfectly clear:

• ProLife legislation, explicitly makes clear that treatment for miscarriages does not fall under the legal definnition of abortion.
• No law exists that “outlaws” the treatment of ectopic pregnancies. An ectopic pregnancy is a condition where the embryo developing outside the uterus, that must be carefully monitored by the woman’s healthcare specialist to see what medical intervention is needed, which may include surgery.
• No law exists that “outlaws” contraception or infertility care.

Additionally, this past May, KRTL joined other pro-life leaders publicly affirming that we are vehemently opposed to women being prosecuted for having or seeking an abortion. An open letter to state legislators stating the opposition of the movement to the prosecution of women was signed by over 70 pro-life groups.

Wuchner stated, “Recently, in almost every debate and discussion about the subject, pregnancy is presented a barrier and destructive to a women’s future. We believe Kentucky women deserve better, they deserve truth and options. We believe all women deserve better.’’

The 1973 Roe decision, ushered in 49 years of legal violence on the unborn child and a distortion of women’s health care. The abortion industry has strategically sanitized the discussion on abortion. The humanity of the child is almost nonexistent in the discussion, when the child is referred to as “pregnancy tissue” by the abortion industry. But, make no mistake, abortion is the intentional ending of the life of another human being, and it is discrimination to act without considering the moral status of the human child.

“I find today’s executive order by President Biden, which is rather vague and lacking clear guidance, is in reality an “exercise in raw political power’’ on behalf of the abortion industry. The abortion industry with deep, deep pockets, under the guise of caring about women’s health, ends the life of preborn children”, Wuchner stated. “As committed pro-woman and pro-life advocates, Kentucky Right to Life has the obligation to call out such deceptive actions. We will continue to work with and challenge today’s leaders to explore opportunities that focus on women and children and assist them in finding solutions.”

Kentucky’s laws surrounding abortion have stood the test time reflecting the values of Kentuckians, that honors the humanity of both the woman and her child. Kentucky first enacted laws in 1910 restricting abortion except to protect the life of the mother. For over 100 years, the laws of the Commonwealth bore witness to the intrinsic dignity of each and every life from conception. In 2019, in a bipartisan vote Kentucky Legislators passed the Trigger Law, that effectively ended abortion in Kentucky with the overturning of Roe, with the exception of the health risk and medical condition of the mother.

“Our Kentucky battle for the human right of the child is in the Courts today, because Planned Parenthood and the ACLU seek to have Kentucky Judges and the Courts undermine the laws of the Commonwealth. As pro-life advocates, it is our mission this November to pass Constitutional Amendment 2, so that no politician, no president or legislator or judge can invent the right to abortion based on their own political beliefs or the influence of any extreme multimillion dollar industry’’, said Wuchner.

UPDATE | 7-28-22

FRANKFORT, Ky. (July 28, 2022) – Attorney General Daniel Cameron today took another step in his fight to protect unborn life by filing an appeal in the Kentucky Court of Appeals to have the Kentucky Human Life Protection Act and the Heartbeat Law reinstated in the Commonwealth. The Attorney General’s filing appeals a ruling by a Louisville judge that temporarily halted the laws last week. The Attorney General also asks that his appeal be transferred to the Supreme Court of Kentucky for immediate resolution. Read more.

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UPDATE | 7-18-22

FRANKFORT, Ky. (July 18, 2022) – Attorney General Daniel Cameron today continued his defense of Kentucky’s Human Life Protection Act and Heartbeat Law.  The Attorney General asked a Jefferson Circuit Court Judge to deny a request by Kentucky’s two abortion facilities for a temporary injunction that would extend a previous order preventing enforcement of the laws against the facilities. The abortion providers claim that the laws violate a never-before-recognized state constitutional right to abortion. Read more.

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UPDATE | 7-6-22

On Tuesday evening, the Ky Supreme Court denied the Emergency Motion to lift Judge Perry's injunction. We are disappointed but pressing forward. Watch for further updates.

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UPDATE | 7-4-22

Attorney General Daniel Cameron has filed an Appeal with the Kentucky Supreme Court. Read more. Watch for further updates.

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UPDATE | 7-2-22

Judge Glenn Acree, Kentucky Court of Appeals, rejected Attorney General Daniel Cameron's appeal Saturday, July 2. Watch for further updates.

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ORIGINAL POST

Following Judge Perry's TRO of the Ky Human Life Protection Act on June 30, Attorney General Daniel Cameron swiftly responded with a statement and an Emergency Motion filed with the Kentucky Court of Appeals.

His statement reads, in part:

“In the wake of an historic victory for life at the nation’s highest court, today, one judge in Kentucky has, without basis in the Kentucky Constitution, allowed two clinics to resume abortions. We cannot let the same mistake that happened in Roe v. Wade, nearly 50 years ago, to be made again in Kentucky. We will be seeking relief from this order..."

Read more.

The Motion asks the Appeals Court to enter a temporary order setting aside the restraining order entered by Jefferson Circuit Court's Judge Perry.

It states: It is black letter law in Kentucky that “non-enforcement of a duly-enacted statute constitutes irreparable harm to the public and the government."

Read more.

Thank you, General Cameron!

UPDATE | 7-7-22

KRTL prayed outside the Jefferson Co. Justice Center and attended the full 'bench' trial on July 6. For now--- Abortion services will remain available in Kentucky while a judge considers whether to grant an injunction blocking two state laws that would obstruct access to the procedure. Watch for updates.

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MEDIA STATEMENT provided by Addia Wuchner, Executive Director, KRTL | 6-30-22

Last week, pro-life Kentuckians and Americans rejoiced at the ending of five-decades of federal judicial overreach as Roe v Wade was overturned in the Dobbs decision.

Sadly today, Judge Mitch Perry with the Kentucky 30th Circuit Court, 3rd Division, issued a temporary restraining order that will now allow Kentucky’s two Louisville-based abortion facilities to resume the taking of innocent life.

“We are deeply troubled by this ruling because it clearly circumvents the bipartisan Human Life Protection Act that was overwhelming passed by the Kentucky State Legislature in 2019, and became enforceable last Friday with the United States Supreme Court’s decision which overturned Roe v Wade.

“Judge Perry by issuing this order is allowing the reinstatement of abortions at Planned Parenthood and EMW Center”, said Addia Wuchner, Executive Director, Kentucky Right to Life.

“We fully support Kentucky’s Attorney General Daniel Cameron and his team as they continue to defend this law and protect the lives of the innocent unborn children in our Commonwealth through the judicial process,” Wuchner added.

The action taken today by one judge further underscores the importance of saying Yes for Life by passing Constitutional Amendment #2 that will be on the Kentucky ballot this coming November 8th.

LOUISVILLE, Ky. (June 24, 2022) – Kentucky Right to Life Executive Director Addia Wuchner released the following statement today regarding the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization:



“Today, our nation rights one of its most terrible wrongs. The prayers of millions of prolife Americans have been answered as our legal system begins to recognize the rights, dignity and humanity of every precious child. Roe was wrong the day it was handed down, and today’s decision sets course for a new generation of life in America.
 

“For 50 years, Kentucky Right to Life has been the face of the Commonwealth’s ProLife Movement as a proud and prayerful witness for humanity in the public square. Our mission continues to be changing hearts and saving lives.



“We rejoice today in this long-awaited victory. But now our work to uphold the cause of life truly begins.


“This November, every Kentucky voter will have the chance to stand up for our prolife values and vote Yes for Life. This ProLife Constitutional Amendment is critical to guaranteeing we don’t fall victim to another tragedy of judicial activism like Roe here in Kentucky. Voting YES on Constitutional Amendment Number Two is our opportunity ensure no judge puts his own politics above the will of the people and invents a right to abortion in our Commonwealth.



“In the coming months, Kentucky Right to Life and our partners in the Yes for Life Alliance will tirelessly engage prolife Kentuckians in every corner of our Commonwealth on this once-in-a-lifetime opportunity.


“To ensure that today’s celebration isn’t undercut by a judge who doesn’t speak for Kentucky, we need everyone to vote Yes on Constitutional Amendment Number Two. Together, we can officially make Kentucky a bold, prolife state this November.”

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Addia has provided interviews for too many media to count. The news coverage of this SCOTUS decision is global and bigger than 9/11. President Biden has said: “This fall, let’s elect more senators and representatives who will codify a women’s right to choose into law once again.” KRTL says: Vote YES for LIFE and elect pro-life candidates!

From all of us at KYRTL, Thank You to the amazing groups and individuals who reached out in support of the Dobbs case with Amicus Briefs! Enjoy searching, sorting and reading a synopsis of the 85 briefs here on this website. We’re dedicated! Celebrate the American Pro-life Experience. - Addia Wuchner

Stay tuned for boots-on-the-ground coverage of the case at the Supreme Court this week. #PrayingForDobbs #EmpowerWomenPromoteLife

UPDATE: September 20, 2021

Argument date now set by SCOTUS for December 1, 2021

To see the list of Amicus briefs that have been filed by pro-abortion supporters of the Miss. case Respondents, go here.

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UPDATE: July 30, 2021

On behalf of pro-life advocates across Kentucky:

“Thank you Leader McConnell, Senator Paul, Congressmen Barr, Comer, Rogers, Guthrie and Massie for your pro-life stance and signing the Congressional Amicus brief in support of Mississippi’s pro-life law. Thank you Attorney General Cameron for signing the Amicus brief of 24 AGs. Thank you State Representatives Bridges, Decker, Fischer, Imes, Petrie and Tipton for signing the Amicus brief of the State Legislators.” - Addia Wuchner

To see the massive list of Amicus briefs that have been filed in support of the Miss. case, go here.

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Original post

See related article on KRLA Forum

Mississippi's Attorney General Lynn Fitch has enhanced her appeal to SCOTUS with an Amicus Brief, asking the Court to:

• Clarify what a state’s interests are with respect to human life in the womb
• Consider the many societal changes that outdate Roe v Wade’s premise
• Resettle the abortion debate in states’ legislatures where it belongs
• Overturn both Roe v. Wade and Planned Parenthood v. Casey (the ‘undue burden’ snag in legislation)

Her news releases about her Brief are well worth reading. Read them here and here. An excerpt from one of these makes clear why SCOTUS must help states by returning providence over abortion legislation to their elected representatives:

“There are those who would like to believe that Roe v. Wade settled the issue of abortion once and for all,” said Attorney General Fitch. “But all it did was establish a special-rules regime for abortion jurisprudence that has left these cases out of step with other Court decisions and neutral principles of law applied by the Court. As a result, state legislatures, and the people they represent, have lacked clarity in passing laws to protect legitimate public interests, and artificial guideposts have stunted important public debate on how we, as a society, care for the dignity of women and their children. It is time for the Court to set this right and return this political debate to the political branches of government.”

The National RTL with Louisiana RTL has also filed a Brief with more explanation on why it is imperative to resolve the current confusion and mayhem that mark the nation’s abortion debate. For example, in the Dobbs (Miss. case) trial, the judge did not even allow Miss. (the State) to enter evidence in defense of its law. These include protecting pre-born human life (including from pain), protecting maternal health, guarding against sex-, race-, and disability, and other vital interests. This has been true in many such trials in many states including in Ky!

The original “Question Presented” for SCOTUS is:

1. Whether all pre-viability prohibitions on elective abortions are unconstitutional.
2. Whether the validity of a pre-viability law that protects women's health, the dignity of unborn children, and the integrity of the medical profession and society should be analyzed under Casey's “undue burden” standard or Hellerstedt‘s balancing of benefits and burdens.
3. Whether abortion providers have third-party standing to invalidate a law that protects women's health from the dangers of late-term abortions.

This case could affect other pro-life legislation that is mired in courts across the country, including our own Heartbeat and No-discrimination laws. Mississippi is also awaiting a decision on a Heartbeat Law.

The case is not scheduled to be ruled on until 2022, according to the SCOTUS Blog. It is not yet “set for argument”.

Online discussions are already amplifying the “Question”

Examples:

Is the so-called conservative majority on SCOTUS a fact or is it a fable? Perhaps this case will reveal the truth. Or not.

Can they abort the baby a.k.a. fetus (to socially distance), cannibalize her profitable parts, sequester her carbon pollutants, and have her, too? That is the question.

Do they follow The Constitution, a consensus of laws for the People and our Posterity, acknowledge the Declaration: Pro-Life, Liberty, and the pursuit of Happiness (without diversity including ageism), or are they socially progressive and subscribe to the Pro-Choice religion, the wicked solution? That, too, is the question.

About fetal abnormalities

The Mississippi Law which was challenged by Jackson Women’s Health prohibits all abortions after 15 weeks except in cases of health emergencies or fatal fetal abnormalities. Health emergencies occur, but according to an ObGyn and former abortionist, Dr. Anthony Levatino, “Abortion is worthless for saving women’s lives.” He explains why in a presentation to students, in a video shown on this website.

There are many cases where an early ultrasound or medical test shows a severe abnormality, but later on, a healthy baby is born. Tests are not always accurate. Often, a woman with a fetus who is abnormal will miscarry. As well, some women do not want an abortion even when it is known that the child will die in her womb.

During the spring of 2020 a testimony was presented by Rep. Melinda Gibbons Prunty in the Ky Legislature to show support for the HB 67, the predecessor to HB 91 (2021), the Yes For Life bill. She explained that a woman may not need to have an abortion based on a diagnosis of a fatal fetal abnormality. The baby can be delivered, allowing her time for bonding and grieving. Her testimony is at about 26 minutes on KET.org, here.

Updated October 31, 2020

Consideration of Mississippi case rescheduled

The court had previously been scheduled to discuss on Friday a challenge to a Mississippi ban on abortion after 15 weeks of pregnancy, but that petition has been rescheduled and will be discussed at some future conference. Read more.

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Amy Coney Barrett sworn in by Justice Clarence Thomas, 10-26-20 - photo credit: whitehouse.gov

Only hours after the Senate Judiciary Committee voted to approve ACB’s nomination, Mississippi’s Attorney General petitioned SCOTUS to review the state’s 15-week abortion ban. The AG, Lynn Fitch, had initially asked for this review last June.

This time she referenced the high court’s summer 2020 decision on June Medical Services v. Russo that favored abortion providers as it ruled that doctors need no admitting privileges with a hospital. Though it disappointed pro-lifers, the decision has since been cited in other appeals, quoting Justice Roberts’ opinion, and helping to uphold legislation such as Ky’s Transfer Agreement Law.

Roberts wrote that lawmakers have wide discretion “in areas where there is medical and scientific uncertainty” and that weighing the “costs and benefits of an abortion regulation” was not necessarily a job for the courts. The Circuit Judge for the Ky case, Joan Larsen, ruled that states must step in to regulate clinics where a need for safety is discovered.

So, Ky’s TA case helped to promote the need for clarification by SCOTUS on certain issues. For example: Which legal precedent should be applied to protection of the woman’s health?

Ky AG Daniel Cameron signed an Amicus Brief last summer in support of the Mississippi case, questioning: “Whether an abortion law is necessarily unconstitutional, regardless of the State’s interest or the actual burden on women, when it theoretically could prevent a small number of women from obtaining a previability abortion.” Viability is a Roe v. Wade stumper.

The Mississippi Free Press reported on Wed., Oct. 27 (2020):

Mississippi’s 15-week abortion ban could soon make its way to the U.S. Supreme Court, with the court set to decide whether to hear it on Friday. The court announced plans to consider hearing the case yesterday evening—just as the U.S. Senate voted on a party-line basis to confirm President Donald Trump’s third pick to the high court, Amy Coney Barrett.

Lower courts in 2018 and 2020 found the Mississippi law unconstitutional under the precedent Roe v. Wade set in 1973. In court filings, though, Mississippi Attorney General Lynn Fitch is asking the nation’s high court to revisit and overturn one of Roe v. Wade’s key holdings: that “a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before (fetal) viability.”

The lower courts ruled that the Mississippi law banning abortions at 15 weeks, known as “The Gestational Age Act,” was unconstitutional for that reason; medical science says fetuses generally become viable outside the womb at around 24 weeks.

“This Court should grant the petition, hold that it is illogical to impose a ‘rigid line’ allowing state regulation after viability but prohibiting it before viability” and “uphold the Gestational Age Act,” Attorney General Lynn Fitch wrote in a filing with the U.S. Supreme Court over the summer.

The current case, Fitch wrote in a Supreme Court filing, is “an ideal vehicle to promptly resolve” questions about Roe v. Wade and the Supreme Court’s position on abortion rights…

Read more.