Kentuckian drops lawsuit against state’s abortion ban

LOUISVILLE, Ky. (KT) – Jane Doe, the plaintiff who challenged Kentucky’s abortion ban in court earlier this month, dropped her case Sunday. The move comes four days after attorneys for the pregnant woman said her embryo no longer had a heartbeat.

In Sunday’s filing, lawyers said the plaintiffs — which include Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, Kentucky — were moving to “voluntarily dismiss” the class-action lawsuit.

Leaders of ACLU of Kentucky, which represented Jane Doe, and Planned Parenthood released a statement Monday, calling out a state Supreme Court decision in February that ruled abortion providers could not raise the rights of their patients in court.

“The court’s decision has forced Kentuckians seeking abortion to bring a lawsuit while in the middle of seeking time-sensitive health care, a daunting feat, and one that should not be necessary to reclaim the fundamental right to control their own bodies. But we won’t stop fighting.”

ACLU of Kentucky had been seeking a patient plaintiff for several months before Jane Doe came forward at around eight weeks in her pregnancy.

Pro-life leaders in Kentucky rejoiced at the news on Monday.

“Although we express gratitude for the withdrawal of the current lawsuit, it is imperative to acknowledge that the issue at hand persists,” said Addia Wuchner, executive director of Kentucky Right to Life. “The ACLU and Planned Parenthood, undeterred, signal their intent to continue challenging Kentucky’s near-total abortion ban.”

“We grieve that the woman who filed the suit has lost her unborn child,” said Kentucky Baptist Convention executive director Todd Gray. “It is tragic whenever or however a baby loses its life, and Kentucky Baptists pray that mother gets the love and support she needs. However, we are grateful that Kentucky’s abortion ban remains intact. That is good news for the unborn in our state. We continue to pray that the pro-abortion forces will drop their attempt to revive the culture of death in Kentucky.”    

“We rejoice that KY Pro-Life laws remain in effect, saving lives!” read a Facebook post on the Family Foundation of Kentucky page.

The case —  Jane Doe, et al. v. Daniel Cameron, et al. — was brought by Jane Doe and Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky, who are represented by attorneys from the American Civil Liberties Union, the ACLU of Kentucky, Planned Parenthood Federation of America, Craig Henry PLC, and O’Melveny & Myers LLP.