1. (A) A court judgment or order suspending enforcement of any provision of this chapter is not to be regarded as tantamount to repeal of that provision.

2. (B) If the United States Supreme Court issues a decision overruling Roe v. Wade, 410 U.S. 113 (1973), any other court issues an order or judgment restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, or an amendment is ratified to the Constitution of the United States restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, then the Attorney General may apply to the pertinent state or federal court for either or both of the following:

   1. (1) a declaration that any one or more of the statutory provisions specified in subsection (A) are constitutional; or
   2. (2) a judgment or order lifting an injunction against the enforcement of any one or more of the statutory provisions specified in subsection (A).
3. (C) If the Attorney General fails to apply for relief pursuant to subsection (B) within a thirty-day period after an event described in that subsection occurs, then any solicitor may apply to the appropriate state or federal court for such relief.

HISTORY: 2021 Act No. 1 (S.1), Section 3, eff February 18, 2021.