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U.S. Supreme Court weighs Kentucky official’s bid to defend abortion law By Reuters

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© Reuters. FILEPHOTO: Washington, U.S. June 21, 2021. REUTERS/Sarah Silbiger

By Andrew Chung

(Reuters] – U.S. Supreme Court justices signaled Tuesday that they would allow Kentucky’s Republican attorney General to defend its restrictive abortion law. The statute was overturned by lower courts after the Democratic governor of Kentucky dropped the case.

Nine justices heard arguments that did not concern the legality or intent of the 2018 law. They instead focused on the question of whether Kentucky Attorney General Daniel Cameron could defend it to try and revive the measure.

This dispute showed the messy conflict that can arise when political opinions or parties differ between a governor of a state and its top lawyer. It led to disputes about whether certain laws should be defended in court.

Both the conservative and liberal justices had questions that they asked during the argument. They were sympathetic to Cameron as Attorney General, who has the ability to act regardless of which political party the governor is in.

Many recent abortion restrictions in America, largely backed by Republicans, have attracted the interest of the highest court.

Advocates for abortion rights claim that Kentucky’s law will effectively ban dilation and evacuation abortions, which are the most commonly performed form of abortion during the second trimester. This would also effectively prohibit abortions occurring after 15 weeks.

After lower courts ruled it in violation of Supreme Court precedents, the justices will decide whether Cameron is allowed to challenge the law. The case was dropped by Governor Andy Beshear.

The court’s conservative majority of 6-3 is expected to reduce abortion rights. This optimism has been expressed by opponents to abortion. December will see the justices hear arguments on a Mississippi law which bans abortions after fifteen weeks. The state has asked the court to reverse the 1973 Roe v. Wade ruling, which legalized this procedure across the country.

EMW Women’s Surgical Center is an abortion center in Louisville that challenged Kentucky’s law. It was signed by Matt Bevin (a Republican). Bevin lost in 2019 his bid for reelection to Beshear.

Liberal Justice Stephen Breyer observed during the argument, that Republicans often have differing views about abortion. Cameron intervened when the Democratic administration had dropped the case.

Breyer declared “… “At that time for the first times we have an Attorney General who thinks this is a pretty good statute — he wants to defend him.” Breyer said, “If there’s not prejudice to anyone – which I don’t see – then why doesn’t he come in and defend it?” Breyer asked an American Civil Liberties Union lawyer to represent the abortion clinic.

After his election, the Beshear administration’s Health Department continued to support the law in court. However, the 6th U.S. The Circuit Court of Appeals ruled it invalid in 2020. His administration then decided not to pursue the matter.

Cameron attempted to take control of the defense. Cameron then requested to be granted the defense. However, the 6th Circuit refused Cameron’s request and said it was too late for Cameron’s office.

One of many growing numbers of state-level Republican lawmakers in Kentucky have passed a Kentucky law that imposes a range of restrictions on abortion. Last month, the Texas Supreme Court approved a nearly total ban on abortion.

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