Andy Beshear defeated him in 2019, and ceased defending the statute after a divided panel of the United States Court of Appeals for the Sixth Circuit invalidated it on June 2, 2020, a few weeks before June Medical Services, LLC v. Russo was decided.

Attorney General of Kentucky Daniel Cameron sought permission to intervene in defense of the law, but the court of appeals denied the motion and subsequent request to file a petition for rehearing en banc by a 2–1 vote.

[1] Certiorari was granted in the case on March 29, 2021, limited to the question of whether Cameron could intervene in defense of the law.

The question presented of whether to remand the case in light of June Medical Services, LLC v. Russo was not granted.

On March 3, 2022, it reversed the Sixth Circuit by an 8–1 vote, holding that it should not have denied the Attorney General from intervening.