Woman suing over Kentucky abortion ban learns her embryo no longer has cardiac activity

LOUISVILLE, Ky. — A pregnant woman in Kentucky who is challenging state officials over the right to have an abortion has learned that her embryo no longer has cardiac activity, according to her attorneys.

Attorneys for the woman, who goes by Jane Doe in the lawsuit, told The Associated Press they intend to continue their lawsuit over Kentucky's near-total abortion ban. But they did not immediately comment when The Courier-Journal, part of the USA TODAY Network, asked about what effect her new condition would have on the case.

The lawsuit was filed on Dec. 8 in a state court in Louisville, The Courier Journal previously reported. Jane Doe, who used a pseudonym to protect her identity, filed the class-action lawsuit on behalf of herself and any other person who is pregnant or will become pregnant and wants to get an abortion.

Since the overturning of Roe v. Wade last year, there has been a surge of women challenging state abortion bans and petitioning courts to grant access to care. The Kentucky lawsuit follows a similar case out of Texas, where a Dallas area mother carrying a fetus with a fatal condition had asked for a court to authorize an abortion.

Overturning of Roe v. Wade:Biden campaign says Kate Cox abortion case shows 'chaos and cruelty' of post-Roe laws

'The government is interfering in my private matters'

According to a news release from the American Civil Liberties Union, the plaintiff is suing the Kentucky Commonwealth's Attorney's Office to overturn the total ban and six-week ban on abortion.

Abortion has been completely banned in Kentucky since 2022 and the state's near-total "trigger" ban on the procedure only excludes cases where the pregnant person's physical health would be seriously at risk or to save the pregnant person's life.

The plaintiff is about eight weeks pregnant and wants to have an abortion but is unable to because of Kentucky's abortion ban. The lawsuit says the state's near-total abortion ban violates the plaintiff’s rights to privacy and self-determination under the state constitution.

"I am angry that now that I am pregnant and do not want to be, the government is interfering in my private matters and blocking me from having an abortion," the plaintiff said in the release. "I am bringing this lawsuit because I firmly believe that everyone should have the ability to make their own decisions about their pregnancies."

A 'soul shattering experience':Indigenous women, facing tougher abortion restrictions post-Roe, want Congress to step in

Kentucky case comes amid Texas abortion challenge

The Kentucky lawsuit was filed a day after a Texas judge ruled a woman with severe pregnancy complications may obtain an emergency abortion — launching an unprecedented legal battle in the state that has drawn national attention.

The nearly weeklong legal saga began when Kate Cox, a Dallas mom of two, had asked a court to grant her relief from Texas' three abortion bans and allow her to obtain a medically indicated abortion. The same day that the judge authorized Cox's abortion, Texas Attorney General Ken Paxton filed a petition asking the Texas Supreme Court to block the ruling.

Cox's complaint had cited several doctors who had advised her that there was "virtually no chance" her baby would survive and the abortion would help preserve her reproductive health.

On Monday, the Texas Supreme Court ruled that Cox did not qualify for an abortion under state laws. But according to Cox's attorneys, she had already left Texas for the procedure.

Contributing:Bayliss Wagner, Austin-American Statesman; Kate Perez, USA TODAY