Justice Samuel A. Alito Jr., writing for the majority, said courts should recognize the “weighty interest that a State has in protecting its own laws.”
The justices were not considering the merits of Kentucky’s law, which would mostly outlaw dilation-and-evacuation abortion after 13 weeks from the last menstrual period.
Instead, the debate is over which government official gets to decide that enough is enough now that the law has lost in federal district court and then before a panel of the U.S. Court of Appeals for the Sixth Circuit.The law was passed by the Kentucky legislature in 2018 and signed by then-Gov. Matt Bevin, a Republican.
Enter Republican Cameron, who had won the race to replace Beshear as attorney general. He attempted to intervene in the case and continue to defend the law. But the appeals court said it was too late, citing his predecessor Beshear’s decision to stay out of the case. In reversing the decision, Alito said courts should be more lenient in such cases. “Paramount” among a state’s powers “is the power to enact and enforce any laws that do not conflict with federal law,” Alito wrote, adding: “This means that a State’s opportunity to defend its laws in federal court should not be lightly cut off.”
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