Kentucky woman who had filed a lawsuit demanding abortion access says embryo no longer has cardiac activity

According to Kentucky's attorneys, Kentucky who was pregnant and had filed a lawsuit to have an abortion has been informed that her embryo no longer has cardiac activity.

The lawyers representing the plaintiff said that they still intend to challenge Kentucky's almost complete abortion ban, but did not provide immediate comments on how this development would impact the lawsuit. The lawsuit was submitted last week in a Louisville state court, where the plaintiff, referred to as Jane Doe, was seeking to include other people from Kentucky who are or will soon be pregnant and wish to obtain an abortion. The lawsuit states that Jane Doe was approximately eight weeks pregnant when it was filed. 

Since the overturning of Roe v. Wade last year, there has been an increase in individual women filing court petitions for abortion rights. This trend is exemplified by a recent case in Kentucky, similar to an ongoing legal battle in Texas. In Texas, a pregnant woman named Kate Cox, who has a fatal condition, has launched an unequalled challenge against one of the most stringent abortion bans in the country.

However, there is limited information available about the plaintiff in the Kentucky case, in contrast to the Texas situation. The Kentucky plaintiff's lawyers are determined to protect her privacy, emphasizing her belief in everyone's right to make private decisions for their own families. The executive director of the ACLU of Kentucky, Amber Duke, said last week that the attorneys are committed to safeguarding their client's anonymity. Additionally, the legal team has chosen not to disclose whether the plaintiff still requires an abortion. 

Jane Doe is urging other pregnant women in Kentucky who are interested in challenging the state's near-total abortion ban to come forward and join the lawsuit. The lawsuit argues that this ban violates the plaintiff's rights to privacy and self-determination as outlined in the state constitution. The ACLU Reproductive Freedom Project deputy director, Brigitte Amiri, expressed support for Jane Doe, saying that she bravely challenged the abortion ban after being denied the freedom to control her own body. Similarly, in the Texas case, a woman named Cox has been seeking court permission to have an abortion, but it is only allowed in limited circumstances when the life of the mother is at risk, not for fetal anomalies. 

Cox's attorneys argued before the Texas Supreme Court on Monday that she had left the state to have an abortion elsewhere because waiting any longer posed a risk to her health and future fertility. While Cox is the first known person to make this request, her legal team and experts predict similar challenges in other Republican-controlled states where abortion is highly restricted. Additionally, there are multiple ongoing legal cases across the country, showcasing the struggles of women who were denied abortions while experiencing dangerous pregnancy complications. 

Earlier this year, Kentucky's Supreme Court declined to stop the state's nearly complete abortion ban and another ban on abortion after the sixth week of pregnancy. The justices primarily focused on specific legal issues without resolving the broader constitutional questions regarding the legality of abortion access in Kentucky.

The legal dispute centers around Kentucky's near-total trigger law ban and a separate ban on abortion after the sixth week of pregnancy, both of which were passed by Republican-dominated legislative bodies. The trigger law, passed in 2019, became effective upon the overturn of Roe v. Wade in 2022. This law restricts abortions except in cases where they are necessary to save the life of the patient or prevent debilitating injuries but does not make exceptions for cases involving rape or incest. 

Kentucky voters refused to pass a ballot measure in the previous year, which aimed to eliminate constitutional safeguards for abortion. However, despite this setback, advocates for abortion rights have been unable to make any progress in the state's anti-abortion legislation, which is under the control of the Republican-majority Legislature.

Consequently, as said by Amiri, the only way to challenge these bans and restore access to abortion is through lawsuits initiated by patients, asserting their right to privacy and self-determination. She affirmed their commitment to doing everything possible to ensure that abortion remains accessible in Kentucky.