A University of Kentucky law professor says the referendum results on the abortion-related amendment now assure the matter will come before the State Supreme Court. The amendment, which sought to include language stating there is no right to an abortion in Kentucky, failed by about 5 percentage points. UK Law Professor Josh Douglas said a yes victory would have gutted the challenge to Kentucky’s so called trigger law and the Court could have dismissed the lawsuit.
“It would be clear that the State Supreme Court would have had no power to recognize the right to abortion under the State Constitution. So, now this means that the hearing will move forward and the Supreme Court will determine whether the State Constitution encompasses a right to an abortion,” said Douglas.
