Kentucky AG refuses to defend 20-week abortion ban against potential legal challenge

Kentucky Attorney General Andy Beshear has said that he will not defend the law banning abortions after 20 weeks of pregnancy if it is challenged in court.

On Monday, Gov. Matt Bevin signed the Pain-Capable Unborn Child Protection Act, which prohibits abortions after 20 weeks of pregnancy, the period when the unborn baby is believed to be capable of feeling pain.

Beshear said that the 20-week ban is "clearly unconstitutional" and cited other cases in other states where the legislation was struck down in court.

The attorney general drew strong criticism from Bevin who took to Facebook, saying Beshear is not fulfilling his duties.

"Our attorney general apparently is under the impression that he gets to pick and choose when he does his job," Bevin said as reported by WFPL News.

"He has made clear that he's going to pander to liberal donors rather than you the voters. You should be outraged, you should be offended, you should demand and expect better than that," he continued.

Beshear expressed his intention to defend the new law requiring doctors to conduct an ultrasound on the pregnant woman before performing an abortion.

"It is also my duty to defend laws where the constitutionality is questionable and finality is needed. Adhering to these duties is why, after close review, my office will defend the agencies sued over House Bill 2 that seek our representation," he said.

The American Civil Liberties Union (ACLU) filed a lawsuit against the ultrasound law on Monday, naming Beshear as one of the defendants.

In response to Bevin's criticism, Beshear said that his decision was not political or personal, pointing out that he has chosen to defend the ultrasound bill. He said that the legislation requiring ultrasounds prior to an abortion "may be constitutional," noting one federal appellate court upheld it while another ruled it unconstitutional.

The 20-week abortion ban is in effect in 13 of 15 states that passed it into law. It is currently facing legal challenges in Georgia and Idaho.

When the 20-week ban was passed into law in Ohio last month, abortion advocacy groups have hesitated to challenge it in court, fearing that it could be upheld as constitutional.