Kentucky Woman Suing For Abortion After Learning Her Embryo Does Not Have A Heartbeat

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FILE - Protesters outside the Kentucky Supreme Court chambers rally in favor of abortion rights as the Kentucky Supreme Court hears arguments whether to temporarily pause the state's abortion ban in Frankfort, Ky., Nov. 15, 2022. Abortion-rights supporters in Republican-leaning Kentucky thought they had finally achieved a breakthrough when voters in November defeated a measure aimed at denying any constitutional protections for abortion. (AP Photo/Timothy D. Easley, File)

A pregnant woman in Kentucky who is suing state officials over the right to have an abortion 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 challenge of Kentucky’s near-total abortion ban. But they did not immediately comment when The Courier Journal asked about what effect her new condition would have on the case.

The lawsuit was filed Dec. 8 in a state court in Louisville, The Courier Journal previously reported. The woman filed the lawsuit on behalf of herself and any other person who is pregnant or could become pregnant and would want to get an abortion. The woman is eight weeks pregnant but wants to terminate it and cannot do so in Kentucky because of abortion bans that took effect last year.

The lawsuit says Kentucky’s near-total abortion ban violates the plaintiff’s rights to privacy and self-determination under the state constitution.

Joining in the suit are Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana and Kentucky, which is being represented by an attorney from the American Civil Liberties Union, the ACLU of Kentucky, Planned Parenthood Federation of America, Craig Henry PLC, and O’Melveny & Myers LLP.