LOUISVILLE, Ky. (FOX 56) – On Wednesday, Attorney General Daniel Cameron and the plaintiffs, Louisville’s EMW Surgical Center and Planned Parenthood, made their cases to Judge Mitch Perry in Jefferson Circuit Court.

Witnesses gave testimony as well, to determine whether or not Kentucky will amend its constitutional language to prohibit abortions for good.

The ban on Kentucky’s trigger law has been in effect for almost a week now, allowing the state’s two abortion providers in Louisville to continue their services.

However, today that trigger law ban was challenged in Jefferson Circuit Court, along with language in the Kentucky Constitution, about whether abortion will remain legal.

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UK Law Professor Paul Salamanca explained what happens at the circuit court level.

“And my further understanding is that the judge is going to ask for what are called ‘post-hearing briefs’ going to ask both sides to submit briefs -which means that the judge is going to take it under advisement at the end and come down with an opinion after that,” Salamanca said.

The abortion centers are wanting to convert the restraining order granted on Thursday, June 30, into a temporary injunction, allowing women to continue to access abortions while the state is deciding what to do.

“It’s only long enough for the court to entertain a more in depth motion which is what’s happening today,” Salamanca said.

Judge Perry can then either decide to grant or deny the motion for a temporary injunction.

“And to deny the motion, would be to terminate the restraining order and also to say that the temporary injunction won’t be granted, in which case the trigger law could go back into effect,” Salamanca said.

Whatever the judge decides, Salamanca said it would immediately head to the Court of Appeals, “So whether the judge grants or denies this temporary injunction, I see this as being in the Supreme Court of Kentucky before too long.”

Then members of the Kentucky Supreme Court would make their decision about whether to prohibit abortions under the Constitution of Kentucky.

“Those that oppose abortion want to make it emphatically clear that there is no such right,” Salamanca said.

The ACLU of Kentucky issued the following statement after the hearing ended Wednesday:

“In Jefferson Circuit Court today, we argued that abortion bans must remain blocked for the entirety of our lawsuit seeking to protect abortion access in the commonwealth. The attorney general’s office offered little in the way of substantive evidence, relying on anti-choice talking points and witnesses with no ties to Kentucky. Attorney General Cameron has tried – and failed – twice to undo our restraining in an attempt to enforce an outright abortion ban. The Kentucky Constitution protects Kentuckians’ rights to privacy, bodily autonomy, and self-determination. For now, abortion remains legal in Kentucky and you can still get an abortion in Kentucky.”

Angela Cooper, Communications Director, ACLU of Kentucky.

In response, the Kentucky Right to Life Association responded with the following statement:

“Of course we would have liked to have seen abortions stop in Kentucky while this case is being ruled on
we would have liked to have had a favorable ruling from the Supreme Court. The trigger law reflects Kentucky’s history as pro-life and valued the life of the human child, but does take into consideration the life and safety of the mother.”

Addia Wuchner, Executive Director, Kentucky Right to Life Association.

As of now, the restraining order remains in place.

Judge Perry asked for all filings to be submitted by Monday, July 18, so an opinion on the injunction won’t be issued until next week.

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