311.7711 Effect of court order suspending enforcement -- Application to court

382 words·~2 min read·/ky/311-7711

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

concerning constitutionality or injunction -- Severability.

(1)It is the intent of the General Assembly that a court judgment or order

suspending enforcement of any provision of KRS 311.7701 to 311.7711 is not

to be regarded as tantamount to repeal of that provision.

(a)After the issuance of a decision by the Supreme Court of the United

States overruling Roe v. Wade, 410 U.S. 113 (1973), the issuance of any

other court order or judgment restoring, expanding, or clarifying the

authority of states to prohibit or regulate abortion entirely or in part, or the

effective date of an amendment to the Constitution of the United States

restoring, expanding, or clarifying the authority of states to prohibit or

regulate abortion entirely or in part, the Attorney General may apply to the

pertinent state or federal court for either or both of the following:

1. A declaration that any one

(1)or more sections specified in

subsection

(1)of this section are constitutional; or

2. A judgment or order lifting an injunction against the enforcement of

any one

(1)or more sections specified in subsection

(1)of this

section.

(b)If the Attorney General fails to apply for the relief described in paragraph

(a)of this subsection within thirty

(30)days of an event described in

paragraph

(a)of this subsection, any Commonwealth or county attorney

may apply to the appropriate state or federal court for such relief.

(3)If any provision of KRS 311.7701 to 311.7711 is held invalid, or if the

application of such provision to any person or circumstance is held invalid, the

invalidity of that provision does not affect any other provisions or applications of

KRS 311.7701 to 311.7711 that can be given effect without the invalid

provision or application, and to this end the provisions of KRS 311.7701 to

311.7711 are severable as provided in KRS 446.090. In particular, it is the

intent of the General Assembly that:

(a)Any invalidity or potential invalidity of a provision of KRS 311.7701 to

311.7711 is not to impair the immediate and continuing enforceability of

the remaining provisions; and

(b)The provisions of KRS 311.7701 to 311.7711 are not to have the effect of

repealing or limiting any other laws of this state, except as specified by

KRS 311.7701 to 311.7711.