The US Supreme Court ruled 8-1 Thursday in Cameron v. EMW Women’s Surgical Center that Kentucky Attorney General Daniel Cameron can defend the state’s controversial law restriction abortion.
HB 454 bans dilation and evacuation (D&E) abortion procedures, the most common method of abortion in the second trimester. The law was challenged by EMW Women’s Surgical Center—which is the sole abortion provider in Kentucky. In June 2020 the US Court of Appeals for the Sixth Circuit affirmed a district court’s ruling striking down HB454. At that time, Health Secretary Eric Friedlander, a Democrat, declined to seek review of the appeals court’s decision. Cameron, a Republican, then sought to join the case to seek further review and reinstate the law, but the appeals court declined. Cameron appealed, and the Supreme Court ruled in his favor Thursday.
Justice Samuel Alito wrote the majority opinion for the court, which was joined by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Thomas also filed a separate concurring opinion. Justice Elena Kagan filed a concurring opinion, in which Justice Stephen Breyer joined. Justice Sonia Sotomayor filed a dissent, writing, “I fear today’s decision will open the floodgates for government officials to evade the consequences of litigation decisions made by their predecessors of different political parties, undermining finality and upsetting the settled expectations of courts, litigants, and the public alike.”
The court did not address the constitutionality of HB 454, but the ruling does allow litigation to resume.