U.S. Supreme Court weighs Kentucky official’s bid to defend abortion law

By Andrew Chung

(Reuters) – In another case stemming from a restrictive abortion law, U.S. Supreme Court justices on Tuesday signaled a willingness to let Kentucky’s Republican attorney general defend his state’s statute – struck down by lower courts – after its Democratic governor dropped the case.

The arguments heard by the nine justices did not involve the legality of the 2018 law, focusing instead on the narrow legal issue of whether Kentucky Attorney General Daniel Cameron can take over the defense of it in a bid to revive the measure.

The dispute highlighted the sometimes messy conflicts that arise when a governor and a state’s top legal officer differ in political views or party, leading to disagreements on whether to defend certain state laws in court.

Both liberal and conservative justices asked questions during the argument that indicated sympathy toward ensuring that Cameron, as attorney general, retains the power to act even after the political party of the governor changes hands.

Republican-backed abortion restrictions enacted by numerous U.S. states in recent years have continued to draw the attention of the nation’s highest judicial body.

Abortion rights advocates have said that Kentucky’s law would effectively ban an abortion method called dilation and evacuation – the most common form performed during the second trimester of a pregnancy – effectively banning abortions after 15 weeks of pregnancy.

The justices must decide whether Cameron can now try to defend the law after lower courts already ruled that it violated Supreme Court precedents holding that women have a right under the U.S. Constitution to obtain an abortion. Governor Andy Beshear’s administration dropped the case.

Abortion opponents are hopeful that the court, which has a 6-3 conservative majority, will pare back abortion rights this term. The justices will hear arguments in December over a Mississippi law that bans abortion after 15 weeks of pregnancy, a case in which that state is asking the court to overturn the 1973 Roe v. Wade ruling that legalized the procedure nationwide.

EMW Women’s Surgical Center, an abortion clinic in Louisville, challenged Kentucky’s law, which was signed by then-Governor Matt Bevin, a Republican. Bevin subsequently lost his re-election bid to Beshear in 2019.

Liberal Justice Stephen Breyer noted during the argument that Republicans and Democrats often hold different views on abortion, and that after the new Democratic administration dropped the case Cameron stepped in.

“At that point for the first time we have an attorney general who thinks it’s a pretty good statute – he wants to defend it,” Breyer said “… So if there’s no prejudice to anybody – and I can’t see where there is – why can’t he just come in and defend the law?” Breyer asked a lawyer from the American Civil Liberties Union representing the abortion clinic.

The Beshear administration’s health department continued to defend the law in court after he took office. But after the Cincinnati-based 6th U.S. Circuit Court of Appeals struck it down in 2020, his administration decided not to press the matter further.

Cameron then sought to take over the defense. The 6th Circuit denied that request, saying it was too late for Cameron’s office to step in.

The Kentucky law is one of a growing number passed by Republican legislators at the state level imposing a variety of restrictions on abortion. The justices last month allowed a near-total ban on abortion in Texas to go into effect.

(Reporting by Andrew Chung in New York; Editing by Will Dunham)

U.S. Supreme Court takes up bid to revive defense of Kentucky abortion law

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday agreed to hear a bid by Kentucky’s Republican attorney general to defend a restrictive state law, struck down by lower courts, that abortion rights advocates have said would effectively ban the procedure after 15 weeks of pregnancy.

Attorney General Daniel Cameron has asked the justices to let him intervene in defense of the Republican-backed law after Democratic Governor Andy Beshear’s administration dropped the case.

The Supreme Court is being asked to decide only that narrow issue, and not whether the law violates Supreme Court precedents holding that women have a right to obtain an abortion. Abortion opponents are hopeful that the Supreme Court, which has a 6-3 conservative majority, will curb abortion rights.

Abortion rights advocates have said the 2018 law would effectively ban an abortion method called dilation and evacuation – the most common form of abortion performed during the second trimester of a pregnancy.

The law was passed by Kentucky’s legislature and signed by a Republican governor, but Beshear subsequently was elected and decided not to continue to defend the measure after the Cincinnati-based 6th U.S. Circuit Court of Appeals struck it down in June 2020. The 6th Circuit later that month declined to allow Cameron to intervene to defend the law.

The 6th Circuit ruling came just five days before the Supreme Court in a 5-4 decision struck down a Louisiana law that imposed restrictions on doctors who perform abortions. Cameron wants to be able to ask the 6th Circuit to reconsider its ruling against the Kentucky law in light of language contained in the Louisiana decision.

The Kentucky law was one of a growing number passed by Republican legislators at the state level imposing a variety of restrictions on abortion. The state’s previous governor, Republican Matt Bevin, had defended the law.

(Reporting by Lawrence Hurley; Editing by Will Dunham)

Kentucky court releases recording of Breonna Taylor grand jury proceedings

By Daniel Trotta

(Reuters) – Kentucky’s attorney general on Friday released audio recordings of the grand jury proceedings that cleared three policemen of homicide charges in the shooting death of Breonna Taylor.

The release offers a rare peek at the inner workings of a grand jury, which is normally kept secret, in a case that has captured national attention and prompted street protests in the debate over racism and police use of force.

Attorney General Daniel Cameron filed 14 audio files of grand jury testimony with the Jefferson County Circuit Court Clerk. He had previously said there were more than 20 hours of proceedings, and Reuters has begun to review them.

Cameron served as special prosecutor in the Taylor case. Acting on his recommendation, the grand jury last week cleared two white officers of homicide and charged a third with wanton endangerment for stray bullets that hit a neighboring apartment in the March 13 shooting that led to the death of Taylor.

Cameron had revealed in a Louisville television interview on Tuesday that he recommended only the one endangerment charge that was returned, saying the grand jury had the responsibility to bring additional charges if it believed they were warranted.

Prosecutors have wide leeway in how to present evidence to a grand jury, which then decides whether to bring charges. Nine of the 12 grand jurors must agree on a charge in order to return an indictment.

Hollywood celebrities and professional athletes have supported street protests calling for the arrest of the officers and demanding justice for Taylor, 26, a Black emergency medical technician.

As the raid unfolded, Taylor’s boyfriend, Kenneth Walker, fired once at what he said he believed was a criminal intrusion, wounding one officer. Three officers then shot 32 rounds, six of which hit Taylor, killing her.

The Taylor family has won a $12 million wrongful death settlement from the city of Louisville but still asked for the evidence to be made public, questioning whether Cameron sought to shield the officers from criminal liability.

The Kentucky governor, Louisville’s mayor and even a member of the grand jury itself had called for the proceedings to be released, increasing the pressure on Cameron, a Black Republican whom President Donald Trump has praised as a rising star in the party.

In the end, it was the judge overseeing the criminal case of the officer charged with wanton endangerment who ordered the recordings to be entered in the court file, making them public.

(Reporting by Daniel Trotta; Editing by Dan Grebler and Aurora Ellis)

Kentucky grand jury finds use of force in Breonna Taylor death justified

By Bryan Woolston and Jonathan Allen

LOUISVILLE, Kentucky (Reuters) – Two white police officers who fired into the apartment of Breonna Taylor, a Black medical worker, will face no charges for her death because their use of force was justified, but a third will be charged with the wanton endangerment of her neighbors, the state attorney general said on Wednesday.

Attorney General Daniel Cameron announced the Louisville grand jury’s decision at a news conference as protesters against racial injustice and police brutality massed on city streets.

Former Detective Brett Hankison’s indictment for wanton endangerment in the first degree represents the lowest level of felony crime in Kentucky and carries a maximum sentence of up to five years in prison.

Benjamin Crump, a civil rights lawyer representing the Taylor family, said it was “outrageous” that none of the officers would be criminally charged for Taylor’s death.

Taylor, 26, was killed in front of her armed boyfriend shortly after midnight on March 13 at her Louisville apartment after Hankison and his two colleagues forced their way in with a so-called “no knock” warrant.”

The two other officers, Sergeant Jonathan Mattingly and Detective Myles Cosgrove, were not charged because they were justified under Kentucky law in returning fire after Taylor’s boyfriend, Kenneth Walker, shot at them, wounding Mattingly in the thigh, Cameron said.

“There is no doubt that this is a gut-wrenching, emotional case,” Cameron, a Black Republican, said at a news conference.

Hankison fired his weapon 10 times. Some of the bullets traveled through Taylor’s apartment into adjacent apartment three, where a man, a pregnant woman and a child were at home.

There was “no conclusive” evidence that any of Hankison’s bullets hit Taylor, Cameron said.

Organizers of the protests against police brutality that have become a daily occurrence expressed frustration at the outcome.

“Tonight, tempers may flare,” said community organizer Reece Chenault, 40. “People are going to be sad and I think you are going to see a lot of tears with folks who are marching.”

About 400 protesters wound their way out of downtown Louisville’s Jefferson Square Park and marched through the streets chanting, “Out of the homes, into the streets!”

‘WANTON MURDER,’ LAWYER SAYS

“If Brett Hankison’s behavior was wanton endangerment to people in neighboring apartments, then it should have been wanton endangerment in Breonna Taylor’s apartment too,” Crump said. “In fact, it should have been ruled wanton murder!”

Ahead of the announcement, Louisville Mayor Greg Fischer announced a 72-hour curfew for the city beginning at 9 p.m.

“I urge everybody to choose peaceful and lawful protest,” Fischer, a white Democrat, said shortly before the announcement.

The three officers involved in the raid knocked on Taylor’s apartment door and announced their presence outside, which was corroborated by a neighbor who witnessed the arrival, Cameron said. Getting no answer, they “breached the door,” he said.

Mattingly entered first, and at the end of a corridor saw Taylor and her boyfriend, Kenneth Walker, with Walker pointing a gun.

Walker fired, injuring Mattingly in the thigh. Mattingly returned fire, and his colleagues began shooting soon after, Cameron said. Hankison fired 10 bullets, Cameron said.

Six bullets hit Taylor, Cameron said, contradicting reports she had been hit five times. Ballistics investigators found only one shot, fired by Cosgrove, was deadly, Cameron said.

In June, the Louisville Metro Police Department fired Hankison with Interim Police Chief Robert Schroeder writing that Hankison “displayed an extreme indifference to the value of human life” when he “wantonly and blindly fired” into Taylor’s home.

The department reassigned Mattingly and Cosgrove to administrative duties.

Louisville police obtained the warrant to enter Taylor’s apartment from a judge as part of an investigation into a drug ring at another house elsewhere in Louisville. They told the judge that they believed that one of the men suspected of selling drugs had used Taylor’s apartment to receive packages.

Taylor had previously dated a suspected drug seller but had severed ties with him, according to her family.

She and Walker, were in bed when police broke down her door with a battering ram shortly after midnight, the families’ representatives have said.

Walker has been charged with attempted murder. His lawyer has said there is evidence the bullet in Mattingly’s thigh was shot by one of his colleagues, not by Walker, but Cameron disputed this on Wednesday.

Images of Taylor have become a familiar sight at ongoing protests against police violence in cities across the United States. Last month, television mogul Oprah Winfrey featured an image of Taylor on the cover of O, the Oprah Magazine.

Louisville has agreed to pay $12 million to Taylor’s family to settle a wrongful-death lawsuit, Mayor Fischer announced earlier this month.

(Editing by Cynthia Osterman)