Friday, March 04, 2022

Supreme Court Allows New Kentucky AG To Intervene To Defend Abortion Restrictions

Yesterday in Cameron v. EMW Women's Surgical Center, (Sup. Ct., March 3, 2022), the U.S. Supreme Court by an 8-1 vote ruled that the newly-elected Kentucky Attorney General (a Republican) should have been allowed to intervene to defend a Kentucky statute that banned D&E abortions prior to fetal demise. The newly elected Democratic governor (through a cabinet official) had agreed not to pursue appeals of the 6th Circuit's decision holding the law unconstitutional. Justice Alito wrote the opinion for the Court. Justice Thomas filed a concurring opinion. Justice Kagan, joined by Justice Breyer, concurred in the judgment, writing an opinion that reached the same conclusion as the majority, but through a different rationale. Only Justice Sotomayor dissented. CNN reports on the decision.