Kentucky Governor Vetoes Proposed 15-Week Abortion Ban; Override Possible

Kentucky Governor Vetoes Proposed 15-Week Abortion Ban; Override Possible Kentucky Governor Vetoes Proposed 15-Week Abortion Ban; Override Possible (Getty)

BRUCE SCHREINER Friday, 08 April 2022 06:24 PM

Democratic Gov. Andy Beshear vetoed a Republican-backed measure on Friday that would ban abortions in Kentucky after 15 weeks of pregnancy and regulate the dispensing of abortion pills.

The governor raised doubts about the constitutionality of the bill and criticized it for not including exceptions for pregnancies caused by rape or incest.

State lawmakers will have a chance to override the veto when they reconvene next week for the final two days of this year’s 60-day legislative session. The abortion measure won overwhelming support in the GOP-dominated legislature.

The proposal reflects the latest attempt by Kentucky lawmakers to put more restrictions and conditions on abortion since the GOP took complete control of the legislature after the 2016 election.

The proposed 15-week ban is modeled after a Mississippi law under review by the U.S. Supreme Court in a case that could dramatically limit abortion rights. By taking the preemptive action, the bill's supporters say that Kentucky’s stricter ban would be in place if the Mississippi law is upheld.

Kentucky law currently bans abortions after 20 weeks of pregnancy.

Beshear on Friday condemned the bill for failing to exclude pregnancies caused by rape or incest.

“Rape and incest are violent crimes,” the governor said in his veto message. “Victims of these crimes should have options, not be further scarred through a process that exposes them to more harm from their rapists or that treats them like offenders themselves.”

Beshear, a former state attorney general, also said the bill is “likely unconstitutional,” noting that similar laws elsewhere were struck down by the Supreme Court. He pointed to provisions in the Kentucky bill requiring doctors performing nonsurgical procedures to maintain hospital admitting privileges in “geographical proximity” to where the procedures are performed.

“The Supreme Court has ruled such requirements unconstitutional as it makes it impossible for women, including a child who is a victim of rape or incest, to obtain a procedure in certain areas of the state,” the governor said.

Opponents of the Kentucky bill say its restrictions are so onerous that no abortion clinic could comply.

The bill also would set regulations for the dispensing of abortion pills. It would require women to be examined in person by a doctor before receiving the medication.

That part of the bill is part of a nationwide push by anti-abortion groups to limit the ability of physicians to prescribe abortion pills by telemedicine, and comes in response to the increased use of pills rather than surgery to terminate early pregnancies.

About half of all abortions performed in Kentucky are the result of medication procedures.

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