Appeals court upholds striking down Ky. abortion restriction

© WikiMedia (James McNellis)

In a horrible twist of “logic,” a Kentucky law preventing a certain abortion procedure has been struck down by an appeals court that cited the Fourteenth Amendment – meant to protect the “life, liberty, or property” of former slaves.

That is, a law to protect slaves is being used to enable the destruction of unborn babies.

The U.S. Court of Appeals for the Sixth Circuit on May 2 affirmed a district court’s decision striking down Kentucky HB 454, which banned the dilation and evacuation (D&E) abortion method after 13 weeks, Jurist reported.

The case was brought by EMW Women’s Surgical Center, the sole abortion provider in Kentucky. The center complained that preventing D&E abortions after 13 weeks except in cases of medical emergency violates a woman’s constitutional right to kill the child she is carrying.

They contended that, being the most common abortion method in the second trimester, D&E abortions must be allowed under the Fourteenth Amendment.

The state of Kentucky contends that HB 454 does not ban D&E abortions but rather requires that people seeking D&E abortions first have a procedure to kill the unborn child. They offered three methods that they believed were legal, but the court ruled for the plaintiffs.


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