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Supreme Court to Hear Arguments in Kentucky Attorney General's Quest to Defend Pro-Life Law

The question Attorney General Cameron is asking the U.S. Supreme Court is whether a state attorney general vested with the power to defend state law should be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law.

WASHINGTON – On Tuesday, the U.S. Supreme Court set October 12 as the day justices will hear oral arguments from Kentucky's Attorney General Daniel Cameron regarding his appeal to be allowed to defend Kentucky's dismemberment abortion ban (Kentucky House Bill 454). The law was passed in 2018 and signed by pro-life former Kentucky Governor Matt Bevin.

The law, which bans the dismemberment of living unborn children, never took effect. It was immediately enjoined and then struck down in 2019 by U.S. District Judge Joseph McKinley, Jr. Following the ruling, newly-elected pro-abortion Kentucky Governor Andy Beshear declined to defend the law, choosing not to appeal McKinley's decision.

In March 2021, pro-life Attorney General Cameron was granted the right to appeal to the U.S. Supreme Court to be allowed to intervene to defend the law as the duly elected attorney general. He filed his appeal last month and the U.S. Supreme Court has now set October 12, 2021 as the date to hear oral arguments on his request.

"We applaud Attorney General Cameron's dedication to defending Kentucky's law which is based on National Right to Life's model legislation," said Carol Tobias, president of National Right to Life. "Despite the change in administrations, this law was duly passed by the representatives of the people of Kentucky and deserves the full support of those charged with defending the law."

The case is Cameron, Attorney General of Kentucky v. EMW Women's Surgical Center.