6th Circuit Court Affirms Kentucky Ban on D&E Abortions
In a significant ruling, the full U.S. Court of Appeals for the Sixth Circuit upheld Kentucky's law prohibiting the dilation and evacuation (D&E) method of abortion. This decision reversed an earlier panel ruling and represents a key development favored by opponents of abortion. The law, challenged by abortion providers arguing it imposed an 'undue burden' on abortion access under the *Planned Parenthood v. Casey* standard, prohibits a common second-trimester abortion procedure.
Background of Kentucky's House Bill 454
Kentucky's House Bill 454, signed into law by then-Governor Matt Bevin in 2018, specifically bans the D&E procedure unless necessary to save the patient's life. Supporters argued the method is inhumane. The law faced immediate legal challenges from EMW Women's Surgical Center and other providers, leading to a preliminary injunction and a complex journey through the federal courts, culminating in the *en banc* Sixth Circuit decision.
The Court's Reasoning: No 'Substantial Obstacle'
The *en banc* Sixth Circuit Court of Appeals, in *EMW Women’s Surgical Center, P.S.C. v. Meier*, concluded that HB 454 does not create a 'substantial obstacle' to a woman seeking an abortion. The majority opinion emphasized that the law restricts only one specific method (D&E), leaving other methods, such as induction abortion, legally available. The court recognized Kentucky's legitimate state interests in regulating abortion, including promoting respect for fetal life and regulating the medical profession.
Reactions to the Sixth Circuit Ruling
Anti-abortion groups celebrated the ruling as affirming the state's right to regulate abortion procedures they deem morally objectionable. Kentucky Right to Life praised the decision as a step toward protecting fetal life. Conversely, reproductive rights advocates, including Planned Parenthood and the ACLU, strongly condemned the decision, viewing it as a direct attack on abortion access and a medically unnecessary interference in the patient-physician relationship.
National Implications of the Kentucky Decision
The Sixth Circuit's decision created a split with other federal circuits that had previously blocked similar D&E bans. This ruling provided legal backing for similar legislative efforts in other states within the Sixth Circuit (Kentucky, Michigan, Ohio, Tennessee) and potentially influenced legal strategies nationwide. Such 'circuit splits' often increase the likelihood of Supreme Court intervention.
Final Outcome and Current Status
Following the Sixth Circuit's ruling, the plaintiffs appealed to the U.S. Supreme Court. In March 2022, the Supreme Court denied the petition for certiorari (declined to hear the case), leaving the Sixth Circuit's decision in place. Therefore, Kentucky's ban on the D&E procedure remains law. The broader landscape of abortion access continues to evolve, particularly following the Supreme Court's 2022 decision in *Dobbs v. Jackson Women's Health Organization*.