Kentucky attorneys respond to abortion ban; some offering pro bono services

One lawyer sees far-reaching implications for domestic violence victims, sexual assault survivors, immigrants, and children.
Published: Jun. 27, 2022 at 10:09 PM CDT
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LOUISVILLE, Ky. (WAVE) - When the Supreme Court of the United States overturned Roe v. Wade on Friday, the decision activated Kentucky’s “trigger law,” effectively banning abortions in the state.

The law bans all abortions, with one exception: if a pregnancy threatens the life of the mother.

“I think that regardless of where you stand on this issue, there’s so many people that are being affected by it,” David Borum, a Louisville attorney who primarily serves as a personal defense and plaintiff’s attorney said.

Borum, for one, is not publicly taking a stance as pro-life or pro-choice.

What he will say is, “the people who passed this law are going to have to own it, and the people who are living under it are going to have to live with it.”

Borum’s concern is who, exactly, will be forced to “live with it,” and what that could mean for them. He has a background working as counsel for domestic violence victims, sexual assault survivors, and children. He sees large implications for these populations as abortion access diminishes.

“There’s not a lot of wiggle room, not a lot of exceptions,” Borum said. “Doesn’t matter how old you are. Doesn’t matter how you were impregnated to begin with.”

While abortion seekers can’t be prosecuted under Kentucky’s triggered law, abortion providers can be prosecuted, and will be.

Republican Kentucky Attorney General Daniel Cameron makes that clear.

“I, for one, will do my part in this role as attorney general,” Cameron said of the triggered state law.

“There’s not a criminal penalty for the woman, but there will be less access,” Borum said, leading to other potential concerns in those would-be parents’ lives.

“A lot of times, it’s not just a reproductive legal issue,” Borum said. “It could also be immigration. There could be family law issues, assault issues, domestic violence issues.”

It’s those cases Borum said he might be able to help. He has limited resources as a one-man practice, but he joined a growing group of attorneys offering pro bono services, counseling people on the wide range of potential issues, separate from their personal health decisions.

For everyone, Borum offered one piece of free advice.

“Be careful with the conversations that you’re having around this topic right now,” Borum said. “I have seen other issues prosecuted, and I know that text messages, social media history, your apps, your fertility tracking apps–those are all of particular interest to detectives and investigators.”

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