This week, the Kentucky Supreme Court overruled a local pro-abortion circuit court judge and reinstated Kentucky’s pro-life laws while abortionists bring their lawsuits.
Circuit Court Judge Mitch Perry had issued an injunction to block the state’s pro-life laws in July parroting pro-abortion arguments that pro-life laws are vague and violate a supposed right to abortion under the state constitution. Of course, no such right to abortion is anywhere in the constitution of Kentucky.
Forum shopping is the practice of choosing the most favorable court in which to bring a case.
When Planned Parenthood was looking to challenge Kentucky’s pro-life laws, it chose bringing the case before a judge with a distinctive anti-Christian perspective. Although abortion is not a question of theology, leftists often argue that the issue of when life begins is a matter of faith, not science.
In his opinion singlehandedly overturning multiple pro-life laws and establishing a nonexistent state right to abortion, Judge Perry wrote a veritable anti-Christian screed.
The laws at issue here adopt the view embraced by some, but not all, religious traditions, that life begins at the moment of conception … There is nothing in our laws or history that allows for such theocratic based policymaking.Opinion & Order of Judge Mitch Perry of the Jefferson County Circuit Court
Pro-Abortion Judge Running Unopposed for Re-election
The case of Judge Mitch Perry is typical of the state judiciary. He is a rabidly pro-abortion judge in a conservative state. Although Kentucky requires local judges to be elected, Roe v. Wade had made abortion a federal issue effectively withdrawing the matter not only from state legislatures, but also from local state judges.
In Dobbs, the US Supreme Court vowed to return the matter of abortion to the people and the people’s representatives. While most people assume this means returning the regulation or prohibition of abortion to the state legislatures, in reality the matter has been transferred from federal courts to state courts.
Well funded pro-abortion teams of lawyers are suing in every state court where pro-life laws are on the books to not only block the laws, but even establish mini-Roe v. Wade state constitutional rights to abortion. Their strategy involves forum shopping for the most pro-abortion local judges they can find. Judges like Mitch Perry who are pro-abortion ideologues and not afraid to singlehandedly re-shape their state constitutions to allow abortion to continue to be perpetrated.
While these radical lower court judges are sometimes overruled by higher appellate courts, they must be made to answer at the ballot boxes for their radical positions, since lower court judges eventually become appellate, and even supreme court judges.
Pro-lifers have our work cut out as what used to be one federal fight, is now a thousand local fights in state legislatures and state courts.