CAMERON v. EMW WOMEN'S SURGICAL CENTER

2022-SC-0329-TG (2022-CA-0906).

664 S.W.3d 633 (2023)

Daniel CAMERON, in His Official Capacity as Attorney General of the Commonwealth of Kentucky, Appellant v. EMW WOMEN'S SURGICAL CENTER, P.S.C., on Behalf of Itself, Its Staff, and Its Patients; Ernest Marshall, M.D., on Behalf of Himself and His Patients; Planned Parenthood Great Northwest, Hawai'i, Alaska, Indiana and Kentucky, Inc., on Behalf of Itself, Its Staff, and Its Patients, Appellees.

Supreme Court of Kentucky.

February 16, 2023.


Attorney(s) appearing for the Case

COUNSEL FOR DANIEL CAMERON, IN HIS CAPACITY AS ATTORNEY GENERAL OF THE COMMONWEALTH OF KENTUCKY: Courtney Elizabeth Albini , Assistant Attorney General, Daniel John Grabowski , Assistant Attorney General, Harrison Gray Kilgore , Assistant Attorney General, Matthew Franklin Kuhn , Assistant Attorney General, Alexander Y. Magera , Assistant Attorney General, Michael Robert Wajda , Assistant Attorney General.

COUNSEL FOR EMW WOMEN'S SURGICAL CENTER, P.S.C., ON BEHALF OF ITSELF, ITS STAFF AND ITS PATIENTS: Michele Diane Henry , Louisville, Craig Henry, PLC, Brigitte Amiri , American Civil Liberties Union, Carrie Flaxman , Planned Parenthood Federation of America, Heather Lynn Gatnarek , ACLU of Kentucky, Leah Godesky , O'Melveny & Myers, LLP, Chelsea Tejada , American Civil Liberties Union, Kendall Turner , O'Melveny & Myers, LLP.

COUNSEL FOR ERIC FRIEDLANDER, IN HIS OFFICIAL CAPACITY AS SECETARY OF KENTUCKY'S CABINET FOR HEALTH AND FAMILY SERVICES: Wesley Warden Duke , CHFS Office of Legal Services.

COUNSEL FOR ERNST MARSHALL, MD, ON BEHALF OF HIMSELF AND HIS PATIENTS: Michele Diane Henry , Louisville, Craig Henry, PLC, Brigitte Amiri , American Civil Liberties Union, Carrie Flaxman , Planned Parenthood Federation of America, Heather Lynn Gatnarek , ACLU of Kentucky, Leah Godesky , O'Melveny & Myers, LLP, Chelsea Tejada , American Civil Liberties Union, Kendall Turner , O'Melveny & Myers, LLP.

COUNSEL FOR PLANNED PARENTHOOD GREAT NORTHWEST, HAWAI'I, ALASKA, INDIANA AND KENTUCKY, INC., ON BEHALF OF ITSELF, ITS STAFF, AND ITS PATIENTS: Michele Diane Henry , Louisville, Craig Henry, PLC.

COUNSEL FOR MICHAEL S. RODMAN, IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE KENTUCKY BOARD OF MEDICAL LICENSURE: Leanne Kittrell Diakov , Assistant General Counsel.

COUNSEL FOR THOMAS B. WINE, IN HIS OFFICIAL CAPACITY AS COMMONWEALTH'S ATTORNEY FOR THE 30TH JUDICIAL CIRCUIT OF KENTUCKY: Jason Bradley Moore , Frankfort, Thomas Benedict Wine , Louisville.

COUNSEL FOR ALEPH, ALLIANCE FOR JEWIS RENEWAL, AMEINU, ANTI-DEFAMATION LEAGUE (ADL), AUBURN SEMINARY, CATHOLICS FOR CHOICE, HADASSAH, THE WOMEN'S ZIONEST ORGANIZATION OF AMERICA, INC., JEWISH COUNCIL FOR PUBLIC AFFAIRS, JEWISH EMERGENT NETWORK, JEWISH ORTHODOX FEMINIST ALLIANCE, JEWISH WOMEN INTERNATIONAL (JWI), JEWS FOR A SECULAR DEMOCRACY; KARAMAH, KENTUCKY RELIGIOUS COALITION FOR REPRODUCTIVE CHOICE, KESHET, METROPOLITAN COMMUNITY CHURCHES, MUSLIMS FOR PROGRESSIVE VALUES, MUSLIN WOMEN LAWYERS FOR HUMAN RIGHTS, NATIONAL COUNCIL OF JEWISH WOMEN, RABBINICAL ASSEMBLY, RECONSTRUCTIONIST RABBINICAL ASSOCIATION, RELIGIOUS COALITION FOR REPRODUCTIVE CHOICE (RCRC), SACRED (SPIRITUAL ALLIANCE OF COMMUNITIES FOR REPRODUCTIVE DIGNITY), SOCIETY FOR HUMANISTIC JUDAISM, T'RUAH, THE FELLOWSHIP OF AFFIRMING MINISTRIES, THE RABBINIC CALL FOR HUMAN RIGHTS, THE SHALOM CENTER, WOMAN'S RABBINIC NETWORK, WOMEN OF REFORM JUDAISM; WOMEN'S ALLIANCE FOR THEOLOGY, ETHICS, AND RITUAL(WATER), AND ZIONESS; AMICUS BRIEF: Kevin Crosby Burke , Louisville, Burke Neal PLLC, Eugene Martin Gelernter , Patterson, Belknap, Webb & Tyler, LLP, Hilarie M. Meyers , Patterson, Belknap, Webb & Tyler, LLP, Jamie Kristin Neal , Burke Neal PLLC, Elana M. Stern , Patterson, Belknap, Webb & Tyler, LLP.

COUNSEL FOR AMERICAN ACADEMY OF FAMILY PHYSICIANS, AMERICAN COLLEGE OF OBSTETRICIANS AND GYNOCOLOGISTS, AMERICAN COLLEGE OF PHYSICIANS, AND AMERICAN MEDICAL ASSOCIATION AMICUS BRIEF: Michael Patrick Abate , Kaplan Johnson Abate & Bird LLP, Louisville.

COUNSEL FOR AMERICAN CENTER FOR LAW AND JUSTICE, AMICUS BRIEF: Frances James Manion .

COUNSEL FOR BSIDEU FOR LIFE PREGNANCY & LIFE SKILLS and PREGNANCY HELP CENTER MEDICAL CLINIC; AMICUS BRIEF: John Nathanael Billings , Billings Law Firm, PLLC.

COUNSEL FOR DEMOCRATS FOR LIFE OF AMERICA: Benjamin Hachten , Oldfather Law Firm.

COUNSEL FOR FREDERICK DOUGLASS FOUNDATION: Anthony Charles Donahue , Somerset, Donahue Law Group PSC.

COUNSEL FOR HEARTBEAT INTERNATIONAL, INC.: Matthew Daniel Doane , Doane & Elliott PSC.

COUNSEL FOR KENTUCKY RIGHT TO LIFE ASSOCIATION: Thomas Bernard Bruns , Bruns Connell Vollmar & Armstrong, Christopher David Wiest .

COUNSEL FOR MAUREEN. L. CONDIC, PH.D. AND THE CHARLOTTE LOZIER INSTITUTE: Bryan Howard Beauman , Lexington, Sturgill, Turner, Barker & Moloney, PLLC, Scott D. Goodwin , Schaerr, Jaffe LLP, Gene C. Schaerr , Schaerr, Jaffe LLP, Christina M. Squiers , Schaerr, Jaffe LLP.

COUNSEL FOR NATIONAL HISPANIC CHRISTIAN LEADERSHIP CONFERENCE: Anthony Charles Donahue , Somerset, Donahue Law Group PSC.

COUNSEL FOR REPRESENTATIVE NANCY TATE AND SENATOR ROBBY MILLS, IN THEIR OFFICIAL CAPACITIES AS CO-CHAIRS OF THE KENTUCKY GENERAL ASSEMBLY PRO-LIFE CAUCUS: Jean Winfield Bird , David Earl Fleenor .

COUNSEL FOR SIXTEEN RELIGIOUS AND CIVIL-RIGHTS ORGANIZATIONS: John Saoirse Friend , Louisville, Friend Law, PSC, Richard B. Katskee , Americans United for Separation of Church and State, Kenneth D. Upton .

COUNSEL FOR SOCIETY FOR MATERNAL-FETAL MEDICINE: Michael Patrick Abate , Louisville, Kaplan Johnson Abate & Bird LLP.

COUNSEL FOR THE FAMILY FOUNDATION: John Nathanael Billings , Christopher E. Mills , Spero Law LLC.

COUNSEL FOR THE PROFILE CENTER AT ST. THOMAS MORE UNIVERSITY (MN): Teresa S. Collett , John David Hershberger , Hershberger Law Office.


EMW Women's Surgical Center, P.S.C. (EMW); Dr. Ernest Marshall (Dr. Marshall); and Planned Parenthood Great Northwest, Hawai'i, Alaska, Indiana, and Kentucky, Inc. (Planned Parenthood Louisville) (collectively, the abortion providers) filed for injunctive and declaratory relief against two statutes that effectively...

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