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Kentucky AG Cameron files brief in support of law prohibiting the dismemberment of living unborn children

by | Apr 5, 2022

By Dave Andrusko

It was just a matter of time. On March 3, in a near unanimous vote, the Supreme Court agreed with Kentucky Attorney General Daniel Cameron that his office should be allowed to defend the state’s prohibition of the dismemberment of living unborn children. Yesterday Cameron filed his brief with the 6th U.S. Court of Appeals.

“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.” 

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.

Kentucky’s lone abortion clinic, EMW Women’s Surgical Center, 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. The then-governor, Andy Beshear, who is pro-abortion, refused to defend the law.

Newly elected Cameron appealed to the 6th Circuit which ruled he waited too long. Cameron then appealed to the Supreme Court. On March 3 the Supreme Court ruled that he could defend “The 2018 Human Rights of the Child Act.” 

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. 

AG Cameron’s opinion is very much worth reading.

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