Cameron v. EMW Women’s Surgical Center, P.S.C.

In 2018, the Kentucky legislature enacted House Bill 454 (HB 454), which restricted access to the dilation-and-evacuation abortion procedure. EMW Women’s Surgical Center, P.S.C. (EMW) (plaintiff) sued Kentucky’s attorney general (the AG) (plaintiff)—then Andrew Beshear—and Kentucky’s secretary for health and family services (the secretary) seeking to enjoin enforcement of HB 454 as unconstitutional. Because Beshear stated that the Office of the AG had no interest in defending HB 454, Beshear and EMW jointly stipulated to dismiss EMW’s claims against Beshear without prejudice, leaving the secretary to defend HB 454 alone. In the stipulation, Beshear specifically reserved all rights related to whether Beshear, or any subsequent AG, was a proper party to EMW’s action. The district court permanently enjoined enforcement of HB 454, holding that HB 454 was unconstitutional because it restricted women’s then-constitutionally protected right to abortions. The secretary appealed to the Sixth Circuit. While the appeal was pending, Daniel Cameron was elected to replace Beshear as Kentucky’s AG. A divided Sixth Circuit panel then affirmed the district court’s ruling. Days after the secretary declined to pursue further appeals, Cameron, acting as Kentucky’s AG, moved to intervene to pursue a rehearing en banc. The Sixth Circuit denied Cameron’s motion, holding that it was untimely and that allowing Cameron to intervene would prejudice EMW because Cameron planned to raise arguments that the secretary had not. Cameron appealed to the United States Supreme Court.