Cameron v. EMW Women's Surgical Center, P. S. C.
Headline: Kentucky abortion law dispute: Court allowed the state attorney general to intervene on appeal, reversing a lower court and letting the state continue defending the law when another official withdrew.
Holding: The Court reversed the Sixth Circuit and held that Kentucky’s attorney general should have been allowed to intervene on appeal to defend the state’s abortion law when the other state official declined further review.
- Makes it easier for state attorneys general to step in and defend state laws on appeal.
- Allows states to keep defending abortion and other laws when other officials withdraw.
- Reduces chance that a change in officeholders ends defense of a law on appeal.
Summary
Background
A clinic and two doctors challenged a Kentucky law that limits a common abortion procedure. The clinic sued state officials in federal court. The Kentucky attorney general agreed to be dismissed but said his office reserved the right to appeal later; the state health secretary stayed in and defended the law. The District Court struck down the law and the secretary appealed.
Reasoning
After a change in state leadership, the new attorney general sought to intervene on appeal because the secretary said he would not seek further review. The Sixth Circuit denied intervention. The Supreme Court held that no statute barred the attorney general from seeking to join the appeal and that the appeals court misapplied standards for intervention. The Court emphasized a State’s strong interest in defending its laws, found the intervention timely once the secretary stopped defending the law, and concluded denying intervention was an abuse of discretion.
Real world impact
The decision means a state attorney general can step in on appeal to defend a state law when another state official abandons the defense. That makes it more likely that disputed laws—here an abortion regulation—will continue to be defended through the appellate process. This ruling resolves only who may defend the law on appeal, not the law’s ultimate constitutionality.
Dissents or concurrances
Justices Thomas and Kagan (with Breyer) wrote separate opinions; Justice Sotomayor dissented, warning that officials must honor earlier court representations and that finality and reliance interests counseled denying late intervention.
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