October Term 2021

Merits

Kentucky Attorney General May Intervene in Defense of State Dismemberment Abortion Law

Daniel Cameron, Attorney General of Kentucky v. EMW Women's Surgical Center, P.S.C., et al.

20-601docketfromUnited States Court of Appeals for the Sixth Circuit

✓

Granted

Mar 29, 2021

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Argued

Oct 12, 2021

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Decided

Mar 3, 2022

Current status: Decided

Decision

6–3

Decided Mar 3, 2022

Majority (6)

Alito

Barrett

Gorsuch

Kavanaugh

Roberts

Thomas

Minority (3)

Breyer

Kagan

Sotomayor

Majority6

Minority3

What the Court agreed to answer

Through more than two years of litigation, the Secretary of Kentucky’s Cabinet for Health and Family Services led the Commonwealth’s legal defense of its law prohibiting abortions in which an unborn child is dismembered while still alive. While this matter was pending before the Sixth Circuit, the Secretary retained lawyers from the Kentucky Attorney General’s office to represent him. After the Sixth Circuit upheld the permanent injunction against Kentucky’s law by a divided vote, the Secretary decided not to appeal further. As allowed by Kentucky law, Attorney General Daniel Cameron promptly filed a motion to intervene to pick up the defense of Kentucky’s law where the Secretary had left off. Over a dissent, the Sixth Circuit refused to allow the Attorney General to defend Kentucky law. The Attorney General, the majority held, should have moved to intervene earlier, even though his office had been representing the Secretary. Five days later, this Court decided June Medical Services, L.L.C. v. Russo, 140 S. Ct. 2103 (2020). The Attorney General raised June Medical in a timely petition for rehearing, arguing that it undercuts the panel’s decision to invalidate Kentucky’s law. Again over a dissent, the majority refused to allow the Attorney General’s petition even to be filed. The questions presented are: Whether a state attorney general vested with the power to defend state law should be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law. And if so, whether the Court should vacate the judgment below and remand for further consideration in light of June Medical. GRANTED LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Kentucky Attorney General May Intervene in Defense of State Dismemberment Abortion Law

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Kentucky Attorney General May Intervene in Defense of State Dismemberment Abortion Law

Court rules Kentucky AG can intervene to defend state ban on dismemberment abortion; Sixth Circuit reversed

Court rules Kentucky AG can intervene to defend state ban on dismemberment abortion; Sixth Circuit reversed