LOUISVILLE, Ky. — Just a day after a federal court judge extended her temporary blockage of parts of Kentucky House Bill 3, the state's two abortion clinics -- both in Louisville -- are left concerned whether the battle will even amount to protection for their patients down the line.
Following the leak of a Supreme Court draft opinion suggesting an overturn of Roe vs. Wade is imminent this summer, Kentuckians are assessing what this could mean for abortion access across the state.
Kentucky’s 'trigger' law enacted in 2019 means if these early intentions by the high court hold true, the decision would effectively ban the majority of abortions across the state -- the only exceptions coming if a pregnant mother faces a substantial risk of death or serious life-threatening injuries if the procedure isn't performed.
'Trigger' laws go into effect the moment a constitutional right is taken away on a federal level.
"There will be no constitutional basis, at least under federal law, for abortion clinics, practitioners or women to challenge statutes like this, under anything but the most lenient constitutional standard," University of Louisville law professor Sam Marcosson said.
While the Supreme Court said nothing written in the draft is final, Marcosson believes there is "virtually no chance" the outcome will change. He said it's likely, at most, that the opinion will get edited.
It's why abortion clinics in Louisville are already expressing concern.
A spokesperson from Planned Parenthood in Louisville said, "Abortion is still safe and legal in Kentucky, but last night's leaked opinion makes it clear that our deepest fears are coming true: abortion access is at a crisis point."
It all comes in the midst of a legal battle regarding HB 3, passed in part to restrict abortions after 15 weeks, among other requirements.
Meanwhile, pro-life organizations like Kentucky Right to Life said they're not counting a win just yet. Executive Director Addia Wuchner said they won't speculate, and instead focus on their mission for HB3 to be upheld.
"We will continue to wait on the proper manner that that opinion should come forth," she said.
A final decision on whether parts of HB 3 will continue to be blocked while legal challenges play out is expected to be made May 19.
Marcosson said if Roe vs. Wade is overturned, not only would it force Kentuckians to travel out of state for the procedure, but he predicts the decision could open the door for Kentucky's General Assembly to implement obstacles to that travel.
"Those type of travel restrictions could be the next front in the abortion wars," Marcosson said.
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