Attorney General Cameron Asks District Court to Permanently Dismiss Challenge to Kentucky Pro-Life Law

Tuesday, August 16, 2022 at 9:52 AM

HB 454 was immediately challenged in 2018 when first passed

FRANKFORT, Ky. (August 15, 2022) – Attorney General Cameron today filed a motion asking a federal district court to overturn its previous ruling and permanently dismiss a challenge to Kentucky’s live dismemberment law, House Bill 454. The motion was filed following a ruling by the United States Court of Appeals for the Sixth Circuit, which directed the district court to reconsider its prior ruling in light of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization.

“We’ve fought all the way to the U.S. Supreme Court to defend Kentucky’s law banning live dismemberment,” said Attorney General Cameron. "We hope that the action we took today is the final step in our fight to reinstate this important law."

In 2018, the Kentucky General Assembly passed HB 454, and the law was immediately challenged by a Kentucky abortion clinic. After being sworn into office, Attorney General Cameron defended HB 454 on behalf of the Cabinet for Health and Family Services. But when the Beshear Administration decided to stop defending the law, Attorney General Cameron asked to step in. The Sixth Circuit refused the Attorney General’s effort, and Attorney General Cameron took his case to the United States Supreme Court. In March, the Supreme Court ruled he could defend the law.

Following the United States Supreme Court’s decision, Attorney General Cameron filed a petition with the United States Court of Appeals for the Sixth Circuit, asking the court to allow the case to be reheard. The Sixth Circuit agreed and sent the case back to the district court.

Attorney General Cameron’s motion explains that the district court should permanently dismiss the case in light of the U.S. Supreme Court’s ruling in Dobbs.

In light of Dobbs, the abortion clinic that originally challenged the law joined Attorney General Cameron in making this motion.

To view the motion, click here.