Jane Doe, the The pseudonymous plaintiff who challenged Kentucky's near-total abortion ban on Friday is no longer pregnant, her lawyers told the court Tuesday. No details were provided beyond the fact that Doe “learned that her embryo no longer had cardiac activity” on Monday.
The circumstances have not altered his lawyers' plans to pursue their challenge to Kentucky's near-total abortion ban.
“Jane Doe was seeking an abortion in Kentucky and couldn't get one because of the abortion ban — and that fact hasn't changed,” Brigitte Amiri, deputy director of the ACLU's Reproductive Freedom Project and one of the attorneys representing Doe, says Rolling Stone.
When Doe, who was eight weeks pregnant, filed a lawsuit seeking permission to have an abortion on Friday, she became the second woman to have one since the 1970s. The first, Kate Cox, was forced to fleeing his home state of Texas to get medical care earlier this week. The state Supreme Court later denied Cox's request for an exception to that state's abortion bans.
Doe's case illustrates the difficult task facing advocates seeking to challenge Kentucky's ban. Last year, the state Supreme Court ruled that health care providers do not have standing to challenge the law on behalf of women in Kentucky, as courts in other jurisdictions have allowed.
This represented a significant departure from the norm: the Supreme Court held that healthcare providers have the ability to defend the rights of their patients, due to the obstacles that patients face in terms of prosecuting themselves and the fact that the Pregnancy is a temporary problem. condition – one that would end before the typical court case.
However, the Kentucky Supreme Court ruled in February that only a woman seeking an abortion could file a complaint regarding the right to privacy and the right to self-determination.
Since then, advocates have encouraged all pregnant women and women seeking an abortion in Kentucky to step forward. Doe's lawyers have asked for class-action status in the lawsuit and hope her story can convince other potential plaintiffs to join the suit.
No other details were provided about Doe, who is challenging the law, in part, claiming it violates his right to privacy. For that reason, says Rebecca Gibron of Planned Parenthood, “we want to keep not only her identity but also the details of her case private.”
Last November, voters in Kentucky rejected an effort to remove abortion protections from its state constitution, but the practice remains banned in the state under both a trigger ban and a six-week ban, both approved by state lawmakers in 2019. .
“Frankly, legislators are out of touch with their constituents,” says Gibron. “We know that Kentuckians overwhelmingly support the right to access abortion. We saw this in 2022, when Kentuckians expressed their opinion by voting against the constitutional amendment that would have removed abortion protections in the state constitution. And just a few weeks ago, Kentuckians showed their support for abortion with the reelection of Governor Beshear, who made access to health care a priority in his campaign.”
Doe's lawyers say the case will move forward despite her pregnancy ending. The next case conference is scheduled for Monday, December 18.