LOUISVILLE, Ky. — Women in Kentucky will still be able to legally obtain an abortion through at least May 19.
A federal judge said in a hearing Monday that she plans to extend an order blocking parts of a new restrictive abortion law.
The new law, commonly referred to as House Bill 3 or HB3, essentially bans abortions in almost all scenarios. The only exceptions are when a woman is at risk of death or serious injury if the pregnancy continues.
U.S. District Judge Rebecca Grady Jennings said she plans to issue a new temporary restraining order Thursday.
Jennings said the parts of the law she’ll let take effect are the parts both the Attorney General’s Office and Planned Parenthood agreed are already common practice and parts of the new law that Planned Parenthood and EMW Women’s Surgical Center, the two abortion providers in Kentucky, agree they can comply with at this time.
Jennings didn’t specifically say what parts of the new law would still be on hold, but she signaled it could include aspects surrounding how fetal remains are transported and disposed of.
The new law requires the fetal remains be treated like human remains. Before, the remains were handled as medical waste.
Planned Parenthood argued they’re unable to do that for several reasons. For one, they said because existing forms filled out by crematoriums provided by the state don’t account for changes to the new law and would require death certificates.
There was also lengthy discussion during the hearing surrounding a requirement for minors to provide government-issued IDs.
Planned Parenthood argued some minors may not have government-issued IDs.
In response, the Attorney General’s Office said minors can get state-issued IDs in Kentucky and suggested they could get one through the state before getting an abortion.
Jennings asked how long it took to get a state-issued ID, but the Attorney General’s Office said they didn’t know.
In court Monday, Planned Parenthood’s attorney Julie Murray said the new law also makes it impossible for women to obtain non-surgical abortions. This provides women, up to a certain point of pregnancy, to take a series pills to induce an abortion instead of having an invasive surgical procedure.
Murray said there’s no path for physicians to become a non-surgical abortion provider under the new law because the form and registration process required to do that don’t exist.
After the hearing ended, Attorney General Daniel Cameron (R-Kentucky), issued a statement saying he doesn’t agree the new law should be blocked from taking effect.
Cameron also commented on Planned Parenthood’s argument that they can't comply with the new law until new programs and reporting forms are created by the state.
"While we disagree, there is a simple solution,” Cameron said in an emailed statement Monday. “We are hopeful that Governor Beshear and the Cabinet for Health and Family Services will promptly complete the new forms."
Planned Parenthood’s lawyer, Julie Murray, said she wants the judge to file a permanent injunction, which would put the law on hold until the case is complete.
"The upshot at the end of today's hearing is that the court will extend the temporary restraining order in a modified form,” Murray said. “Abortion services can remain available in the state of Kentucky and Kentuckians who need them can access those services in their communities."
Addia Wuchner, executive director of Right to Life, said she’s happy the judge was so thorough in Monday’s hearing, which lasted over four hours.
“In the beginning, we were all disappointed [the temporary restraining order] was completely enjoined, but coming back into the courtroom today and seeing how [Judge Jennings] took a very comprehensive look at a very complex bill – taking time to go line by line, sometimes subsection by subsection — really affirmed that she was paying attention to this bill,” Wuchner said.
The judge is expected to issue the new temporary restraining order Thursday. Jennings said that order remain in effect until May 19. At that time, Jennings said she plans to either put the new law on hold until the case wraps up, or let it take effect until a final decision is made.
In the nine days before the judge issued an order temporarily blocking the new law that essentially banned abortions, EMW Women's Surgical Center had to turn away 23 women who came in requesting an abortion.
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