UPDATE, April 13, 2:45 p.m.: Kentucky’s D and E ban was blocked from enforcement by a federal judge under a joint consent order after the ACLU on Tuesday filed a lawsuit on behalf of Kentucky abortion providers seeking to stop enforcement of Kentucky’s D and E ban. Gov. Matt Bevin (R) had signed the measure into law on Monday.
The Kentucky legislature on Tuesday gave final approval for a ban on the most common type of second trimester abortion care, as similar laws have been blocked by federal and state courts.
Rep. Mary Lou Marzian (D-Louisville) voted against the bill and argued that states that pass this anti-choice legislation face significant litigation cost, reported the Louisville Courier Journal.
“This bill is going to cost taxpayers a load of money and it’s clearly unconstitutional,” Marzian said.
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HB 454, sponsored by Rep. Addia Wuchner (R-Florence), prohibits a physician from performing an abortion procedure known as dilation and evacuation (D and E), the most common method of performing second-trimester abortions. The provisions were based on copycat legislation drafted by the National Right to Life Committee, an anti-choice organization that has lobbied GOP lawmakers in eight states to pass similar bills.
The bill bans the procedure when the “probable post-fertilization age of the fetus is eleven weeks or greater,” or 13 weeks from the first day of a pregnant person’s last menstrual period.
Anyone who violates the law could be found guilty of a Class D felony, which carries a sentence of one to five years in prison.
An ACLU spokesperson wouldn’t say whether the organization would file a legal challenge to the D&E ban, the Courier Journal reports.