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Wednesday, March 4, marked the deadline for new bills to be filed in the 2020 Kentucky Legislative Session. At this writing, many pro-life bills including SB90, the Conscience bill, have been mired in amendment quicksand.

Though HB67, the Constitutional Amendment bill, had been posted for passage, it was bogged down by silly amendments. (See related post).

HB391, to require auditing of abortion statistics reports filed (or not filed!) by abortion clinics, was speared by ridiculous and very raunchy amendments filed by Rep. Mary Lou Marzian. (On the positive side, the audit rule only pertains to EMW, since, so far, the C-J reports that Planned Parenthood is not yet performing abortions in Louisville.)

To view the crabby committee hearing on HB391, go here and start the video at about 52 minutes.

In Marzian’s rage attacks, two amendments call for the Office of the Auditor of Public Accounts to audit privately or publicly held corporations including Wal-mart, etc. Five amendments add language such as “Any man who engages in masturbation or ejaculation without the intent of fertilization shall be guilty of a Class D felony.” View these here.

SB90 had been altered by its sponsor Sen. Meredith— See related post. New amendments by Senators Julie Adams and Morgan McGarvey call for further alterations.

The bill as introduced defines “healthcare service” as “medical care provided to any patient at any time over the entire course of treatment” and includes “initial examination; testing; diagnosis; referral; dispensing or administering any drug, medication, or device; psychological therapy or counseling; research; prognosis; therapy; any other care or necessary services performed or provided by any medical practitioner, including but not limited to allied health professionals, paraprofessionals, or employees of healthcare institutions”. Numerous other terms are defined. The bill’s objective is to ensure rights of conscience for healthcare providers, to prevent discrimination against them, and to permit them to seek justice in court if their conscience rights are violated. This bill in part extends the rules/law of current statute 311.800.

Sen. Adams (R-Louisville) wants to delete “psychological therapy or counseling” and the related providers, “psychology and counseling faculty and students,” and “counselors, social workers.”

Sen. McGarvey (D-Louisville) wants the proposed law to extend to some public servants and legislative activity. His Amendment 3 is in part legal protection for whistleblowers but applies conscience rights for some public servants who wish to decline participation in legislative activity for “conscience” reasons. His Amendment 4 retitles SB90 to “AN ACT protecting the exercise of ethics and diversity among members of medical and public service professions.” His Amendment 5 adds protection for some state employees from discrimination and adds their right to seek relief in court. Read more.

HB370, to require dignified treatment of fetal remains, advanced to the House Rules Committee for a second reading.

HB451, like HB391, enforces existing legislation. It grants the Attorney General more latitude in investigating and punishing violations of state laws for abortion clinic licensure. It has advanced to the Rules Committee.

Let’s keep praying for an end to abortion. Be sure to call the Legislative Message Line, 1-800-372-7181, to encourage passage of pro-life bills.


KRLA Forum

An amicus brief on behalf of Louisiana (see related article) was filed by the Association of Pro-life Obstetricians and Gynecologists (AAPLOG) to assist SCOTUS in its review of La. Department of Health v. June Medical Services LLC. A related article in the Wall Street Journal is here.

The AAPLOG brief questions whether ACOG (the College of Obstetricians and Gynecologists) is truly objective in its abortion views, and accuses ACOG of being an abortion advocacy organization.

On page 15 of the brief, AAPLOG states that it has an interest in showing that ACOG “does not represent the views of either its membership or the 85% of obstetricians and gynecologists in the United States who do not perform abortions.”

An excerpt makes clear how ACOG has reversed its pro-life stance over the years:

ACOG’s 1959 Manual of Standards in Obstetric-Gynecologic Practice permitted abortion only “where the death of the mother might reasonably be expected to result from natural causes, growing out of or aggravated by the pregnancy, unless the child is destroyed.” The Manual also mandated that abortions could be performed only in accredited hospitals. ACOG’s Committee on Maternal Welfare, noting that the justifications for therapeutic abortions were disappearing, “hoped that they may reach an absolute minimum within the foreseeable future,” doing away with abortions altogether…

…As of the 1950s, ACOG’s contribution to public debate about abortion was based solely upon medical science. Dr. Duncan Reid (ACOG board member) of Harvard Medical School argued that “the medical profession should not become actively involved in debates about social mores. … [T]he emergence of abortion and sterilization as political issues would challenge the scientific basis on which physicians’ decisions were based. Reid said, ‘If it [abortion] becomes a social problem then the medical profession has to settle the social problem, and I think we, as doctors, are placed in a position where we do not belong.’”

The amicus brief delineates ACOG’s history, and discloses that in every major abortion case, ACOG has argued consistently against any limitation of abortion. The document cites from 19 legal cases and provides many references to statements in ACOG reports, legal briefs and other sources. Read more!

IF ONLY this brief could have been filed on behalf of Kentucky in any of the numerous ACLU/EMW/PP legal suits which have claimed that ACOG is the scientific, medical authority on the abortion issue, how might the outcomes for our pro-life laws been affected?

Immense THANKS to AAPLOG for revealing the slippery slope engineered by ACOG over 50 years to re-make abortion as medical “care”.


KRLA Forum

We’ve been following the news on our AG’s web pages.

Here are some headlines with a brief excerpt:

Attorney General Cameron Files Motion to Defend Commonwealth’s Pro-Life Heartbeat and Anti-Discrimination Laws

Jan. 31, 2020 | Link

“It is my duty to fight for those who cannot fight for themselves, and it is my job to stand in the gap and defend Kentucky’s pro-life laws… Kentuckians have made it abundantly clear that they support the unborn, and I am committed to doing everything I can to protect the sanctity of life and defend the will of the people by joining this case.”…


Statement from Attorney General Cameron Following Conclusion of Oral Argument in Defense of Kentucky Law Banning Live Dismemberment Abortions

Jan. 29, 2020 | Link

“HB 454 does not ban the Dilation and Evacuation procedure in Kentucky, but it simply requires abortion providers to ensure that the unborn child dies before beginning the dismemberment procedure. This is, without question, a more humane way to perform the procedure. At issue today is our ability, as Kentuckians, to show compassion to the most vulnerable. That is a core mission of my office, to stand up for the voiceless. While we are confident in the compelling case made by our office before the court today, we will defend the law all the way to the United States Supreme Court, if necessary. That is my pledge to the people of Kentucky.”


Attorney General Cameron Files Amicus Brief Protecting Unborn Children with Down Syndrome From Discriminatory Abortions

Jan. 23, 2020 | Link

Attorney General Daniel Cameron joined Indiana and 16 additional states in filing an amicus brief in the U.S. Sixth Circuit Court of Appeals urging the Court to uphold an Ohio law banning abortions where a doctor knows that the abortion is sought because the unborn child has Down syndrome…


Prepared Remarks of Attorney General Daniel Cameron for the Inauguration of Constitutional Officers

Jan. 6, 2020 | Link

“To me, the role of Attorney General means adhering to one guiding principle – the rule of law (our emphasis). The bedrock of our society is that we are a nation and a government of laws, not of men, as John Adams once put it.

“And if we adhere to that simple principle, it makes the rest of our agenda fall right into place:

“Protecting and ensuring public safety.

“Providing reliability and consistency in the way that the AG’s office operates.

“Defending our state and the laws passed by our duly elected representatives in the General Assembly…”


Many more than three cheers for AG Cameron!


KRLA Forum

Two pro-life bills have passed out of their committee hearings to proceed on their journey to passage.

Testimonies for and against HB67, to pass a constitutional amendment stating that Kentucky does not protect a right to abortion or its funding, were heard by the Elections, Const. Amendments & Intergovernmental Affairs Committee. See related post. Watch some of the testimonies on the KET legislative coverage, starting at 15:50.

Testimonies for SB90, a bill to protect conscience rights of medical providers, were heard in the Senate Judiciary Committee. Its primary sponsor Sen. Stephen Meredith stated, “No medical professional should be forced to violate the oath to do no harm.” The KET coverage features a nurse’s testimony that this protection is needed, and statements from legislators who oppose the bill because “It is not in the best interest of the patient.”

The screenshot from the KET video shows KRLA’s Margie Montgomery seated just behind the ACLU spokesperson during the HB67 hearing. Keep informed!

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UPDATE: This is funny?

A number of floor amendments were filed by Rep. Joni Jenkins, a Democrat from Jefferson Co. on Friday, Feb. 28, to derail HB67. She is Minority Floor Leader. Her Floor Amendment 2 reads: “Amend the title to read as follows: "AN ACT proposing an amendment to the Constitution of Kentucky relating to vasectomies.” So, though HB 67 was posted for passage in the Regular Orders of the Day for Feb. 28, the bill will be in the House again on Monday, March 2, and at this writing has not yet passed the House.

See here to read all five of Joni’s amendments.

On Sen. Meredith’s bill, technical corrections and the removal of two sections that include healthcare payers in the proposed legislation were made on Feb. 24. Read more.


KRLA Forum

KRLA is committed to lobby for pro-life legislation and to keep members and the public informed about important bills. Earlier this week a special alert was sent to our e-news list to encourage pro-lifers to contact members of the House Committee on
 Elections, Constitutional Amendments & Intergovernmental Affairs regarding HB67. A link on the article leads to a list of those committee members and their contact info.

Today we encourage you to show support for HB370, AN ACT relating to the dignified treatment of fetal remains. This Bill currently is with the House Judiciary Committee, whose Republican members with their contact info is here.

You can also call the Legislative Message Line, 1-800-372-7181, to leave a message for your legislators. To find your legislator by county, go here. A list of legislators and their emails is here.

To see the list of bills that help to protect pre-born babies, go here. This week we added two bills relating to pharmacy referrals and services that touch on the issue of the Abortion Pill.

Visit the KRLA Forum Blog to stay updated on legislation currently challenged by the ACLU (et al) and developments in the 2020 Legislative Session.


KRLA Forum

Several bills proposing to change how Kentuckians vote have been introduced. Those with heavy support of Democrat representatives and no Republican sponsorship include:
1. EARLY VOTING - HB78 / SB43 - Create a new section of KRS Chapter 117 to allow in-person early voting between 9 a.m. and 4 p.m. on the three Saturdays preceding any primary, regular election, or special election…
2. SAME-DAY VOTING - HB80 / SB119 - Amend KRS 116.025 …to allow a person… to register at the person's precinct of residence on the day of a primary or an election if the person confirms his or her identity, completes the registration form and a required oath…

The dangers of early voting have been widely noted. An example:

Although voters may find early voting convenient, turnout data show that early voting may actually decrease turnout, not increase it. Early voting raises the costs of political campaigns, since expensive get-out-the-vote efforts must be spread out over a longer period of time. There is also no question that when voters cast their ballots weeks before Election Day, they do so without the same access to knowledge about the candidates and the issues as those who vote on Election Day. When there are late-breaking developments in campaigns that could be important to the choices made by voters, those who have voted early cannot change their votes.

Read more.

Other articles are here and here.

Warnings about same-day voting have also been sounded:

“Allowing a voter to both register and vote on Election Day makes it nearly impossible to prevent duplicate votes in different areas or to verify the accuracy of any information provided by a voter”…

Read more.

More on same-day voting dangers.

Let your legislator know what you think about these bills.


KRLA Forum

A team of pro-life leaders met in Frankfort last week to perform triage on the bills that have been introduced by our wonderful representatives and senators. Some bills have moved along further than others. Which bill is most important to pass?

HB 67 is sponsored by Rep. Joe Fischer and 30 other House Republicans! The large number of fellow Republicans who have co-sponsored the bill shows it is considered to be IMPORTANT.

This bill would create a new section of the Constitution of Kentucky stating that it does not secure or protect a right to abortion or funding of abortion. This would be accomplished by an amendment to our Constitution. The public would vote to approve this amendment next November if it passes the legislature.

The committee that will hear the arguments is the House Elections, Constitutional  Amendments & Intergovernmental Affairs Committee. See the Republican members here for their email address, legislative phone number, and twitter handle, if known.

With our strong pro-life constituents who have elected pro-life legislators, now is the time to defend innocent human life through a Constitutional Amendment to ban abortion or any funding of it. If Roe v. Wade is weakened or banned by SCOTUS, this amendment will state our case.

Please take a moment to contact the committee members to hear HB67 and pass it on to the House Floor. Leave a message for your legislators by calling the Legislative Message Line at 1-800-372-7181. Thank you!


KRLA Forum

First in the License to Abort Little Ones series

Does the Planned Parenthood clinic on 7th Street in Louisville have Transfer Agreements? Will it really begin doing abortions in March?


Deborah Yetter, Louisville Courier Journal | Published 5:06 p.m. ET Jan. 31, 2020 | Updated 6:11 p.m. ET Jan. 31, 2020

Planned Parenthood now has permission to provide abortions at its clinic in downtown Louisville, making it the second facility in Kentucky to offer the procedure at a time when providers in some states are closing clinics under pressure from anti-abortion laws.

The decision by the administration of Gov. Andy Beshear was hailed by Planned Parenthood of Indiana and Kentucky as a victory for women’s health and reproductive rights, saying the decision allows it to provide “a full range of reproductive health care.”

…Planned Parenthood said it plans to begin offering abortions in March.

Unlike EMW, which operates a storefront clinic and is the site of daily sidewalk protests by people opposed to abortion, Planned Parenthood’s clinic is set back off the road with on-site parking surrounded by a privacy fence.

Read more.


Do governors have the right to overrule legislation in the court system that is pending resolution?

The C-J reported in late September 2018 that Judge Stivers (a Fifth District Court judge) ruled in favor of the abortion clinics, and struck down the “state law requiring Kentucky abortion clinics to have written agreements with an ambulance service and hospital for emergencies… ” His ruling was appealed by Gov. Bevin to the Sixth Circuit Appeals Court. THAT IS WHY the article ALSO states:


Deborah Yetter, Louisville Courier Journal | Published 4:12 p.m. ET Sept. 28, 2018 | Updated 6:49 p.m. ET Sept. 28, 2018

The revocation of EMW's license would have made Kentucky the only state without a single abortion provider. Stivers had ordered that EMW could remain open while the legal challenge is pending… (Our emphasis)

What has changed? The TA case has NOT been ruled on by the Sixth Circuit Court. The only new document on PACER that we can find is the Amy Cubbage, Ackerson & Yann, PLLC, motion to withdraw as Counsel for EMW WOMEN’S SURGICAL CENTER, P.S.C., et al., filed 1/30/2020.

Do governors have the right to overrule legislation in the court system that is pending a resolution? And if Daniel Cameron decides to appeal that decision, if unfavorable, to SCOTUS, will Gov. Beshear have any right to grant a license to PP?


C-J article in 2019 reported on Judge Stiver’s challenge to Gov. Bevin to grant PP a license to abort

Last August the Bevin administration was advised to grant a license to Planned Parenthood, as reported in the C-J.


Deborah Yetter and David Harten, Louisville Courier Journal | Published 10:18 p.m. ET Aug. 16, 2019 | Updated 4:33 p.m. ET Aug. 17, 2019

…In a notice to the judge filed Friday, Meredith and lawyer M. Stephen Pitt, Bevin's general counsel, told the judge that the state had denied a license to Planned Parenthood and that he has no authority in the matter.

“Respectfully, this Court has no jurisdiction over the state licensing process," the notice said.

The state's denial comes amid an ongoing dispute over whether Kentucky abortion clinics must have transport and transfer agreements with an ambulance and hospital in the event of a medical emergency, as required by a 1998 state law.

Has Kentucky’s Transfer Agreement law been overturned? When? Does Planned Parenthood now have Transfer Agreements? We are keeping our ear to the ground.

For more background on this controversy, see the blog series on then-AG Beshear's Amicus brief on behalf of the abortion clinics, and the TA page on this site.


KRLA Forum

On January 9th, HB224 was introduced by Democrat Mary Lou Marzian to create a right to Assisted Suicide.

Current law, under Kentucky Statute 216.302 (2), states that a person commits a Class D felony when they assist another person to commit or attempt to commit suicide, knowingly and intentionally. This has been a Kentucky law since July 1994, and KRLA worked hard lobbying for it.

The Marzian bill does not require the physician to comply and does not authorize “active euthanasia,” but what exactly does that mean?

With 12 Republicans and only seven Democrats on the Health and Family Services committee, we will be surprised if this bill ever gets to the floor of the House.

It is interesting that there is also a bill, SB42, to require that a national suicide prevention hotline number be printed on a student ID badge (with other crisis numbers).

Though these bills are dissimilar in purpose, it has been proven in studies that persons of any age are more susceptible to suicide when Assisted Suicide Laws are passed. This makes sense. Many people also assume that since abortion is legal, it must be OK.

In our Culture of Death, it is critically important for leaders to stand for Life and lobby against legislation that weakens Respect for Life. Leaders are responsible for setting high standards.

assisted_suicide.png


KRLA Forum

HB 213 requests physicians to provide consultation and treat minors for sexually transmitted diseases without the knowledge or consent of their parents. Though the bill’s language excludes abortion as a service, it may be one to carefully study.

Important to note: A Senate Bill, SB116, sponsored by Republicans Steve West, C.B. Embry and Robbie Mills is a “Parents Rights Protection Act.”

Another bill to watch is HB296, a partisan bill (Democrat13-0), that seeks to set minimum requirements for comprehensive sex education. Websites that warns about this anti-family, pro-abortion agenda are here and here. It is currently pending in the House Education Committee.

Fortunately, that committee has 14 Republicans and only nine Democrats. Nevertheless, contacting our legislators to express our concerns is a right and an absolute necessity.

SB102 is a bill that requires many changes in administrative matters including how abortions are reported by the Vital Statistics Branch. It is sponsored by Senator Robby Mills and Ralph Alvarado, both strongly pro-life.

There seems to be a need for this “housekeeping” bill, as shown in the below screenshot from the Charlotte Lozier Institute, which obtained the Kentucky abortions statistics information by filing an open records request. The research disclosed that, “As in other states, African American women were disproportionately impacted by abortion. Twenty-eight percent of the abortions reported in Kentucky were performed on black women, even though African Americans make up only 10 percent of the state’s population of women of childbearing age.”

abortion_reporting_scrshot.png

SB102 assures that the aborted woman’s name is never made public.

We are also interested to know more about HB83 that calls into question the value of Certificate of Need requirements for healthcare facilities based on research that shows the spectacular rise of medical expenses— and CON laws prevent ease of serving needs as costs increase. Hmmm.

The new law would establish licensure requirements which could replace existing laws— like the ones that regulate abortion clinics? The bill is sponsored by Democrat Robert Wiederstein.


KRLA Forum

The 2020 Regular Session began January 7 and ends April 15. The last day a new bill can be introduced is March 2 in the House and in the Senate, March 3. See the Legislative Calendar here.

A number of bills have been introduced. To find out what your State senators and representatives will hear or debate during the session, go here and click on the Orders of the Day posted for the respective entities.

Following are bills that will interest pro-lifers:

SB9 "Born-Alive Infant Protection Act" - Introduced by Sen. Whitney Westerfield— same bill as SB227 in 2019, is to “Create new sections of KRS Chapter 311 to prohibit a person from denying or depriving a born-alive infant of nourishment with the intent to cause or allow the death of the infant; …” This bill passed the Senate on Jan. 27.

SB9 would also formalize that any born-alive infant shall be treated as a legal person in state statutes. Another provision would ban scientific research on born-alive infants.

At the EMW, Kentucky’s only abortion clinic, abortions are performed up to 22 weeks, and if a child were (miraculously) born alive it would need the resources of a hospital to survive. The bill is a strong statement that differentiates Kentucky from states such as New York whose laws permit leaving the born-alive baby to die. If abortions are being performed in any Kentucky hospitals, this bill would apply.

AN ASIDE: The “Pain-Capable” Kentucky Law that passed in 2017 states that a child can feel pain at 20 weeks post fertilization, but the statute defines the time frame in this way: “Pain-capable unborn child” means an unborn child of a probable post-fertilization age of twenty (20) weeks or more; The EMW took full advantage of the “or more” wording, and does abortions up to “21 weeks and 6 days”— or 22 weeks minus Sunday when it is closed.

HB142 is “AN ACT prohibiting the payment of public agency funds to any entity that performs, induces, refers for, or counsels in favor of abortions.” Sponsored by Rep. Lynn Bechler and four other Republicans, it extends current legislation to prevent public funds from going to entities that refer or counsel in favor of abortion.

HB67, sponsored by Rep. Joe Fischer and 36 other House Republicans, would create a new section of the Constitution of Kentucky stating that it does not secure or protect a right to abortion or funding of abortion. This would be accomplished by an amendment to our Constitution. The public would vote on this next November if it passes the legislature.

SB90, sponsored by Sen. Stephen Meredith and four other Republicans, creates a new section of KRS Chapter 344 to protect the conscience rights of medical providers.

The bill defines terms; prohibits discrimination against medical care providers who decline to perform procedures that violate their conscience; grants providers the right not to participate in or pay for services that violate their conscience; exempts providers from liability for exercising these rights; and establishes a civil cause of action for persons injured by violations of these provisions.

HB370, sponsored by Rep. Nancy Tate and four other Republicans. The statute would become part of the Ky. Revised Statutes (311.710 - 311.830). This bill requires that “Within 24 hours after a spontaneous miscarriage or an abortion, the hospital or abortion facility shall (a) Disclose to the parent or parents of the fetus, both orally and in writing, the parents' right to determine the final disposition of the fetal remains; and (b) Provide the parent or parents of the fetus with written information concerning the available options for disposition of the fetal remains… (more).” We will link to this Bill when it is posted.

HB391, sponsored by Rep. Stan Lee and three other Republicans. Amends KRS 213.101, relating to abortion reporting requirements, to allow the Auditor of Public Accounts to perform an annual audit.

HB398, sponsored by Rep. Steve Sheldon and 18 other Republicans. Compliance and reporting requirements for pharmacy benefit managers administering Medicaid benefits, more; abortion cited.

HB400, sponsored by Rep. Steve Sheldon and 18 other Republicans. Definitions and prohibitions on Pharmacy coverages by insurance, more; abortion cited.

HB451, sponsored by Rep. Stan Lee and other House Republicans, would give the Attorney General more power to investigate and punish violations of state laws governing abortion clinics. These have been violated so they are being restated.

As we become aware of pro-life bills, we will update this post. You can watch the legislative proceedings on KET TV.

Senator Westerfield on KET tv


KRLA Forum
UPDATE on Jan. 16, 2020

Rally draws large turnout from across Kentucky!

The venue was called "the People's House" by Daniel Cameron who promised to support all pro-life legislation and pursue successful passage of pro-life laws all the way to the Supreme Court if nededed! Excellent speeches by Secretary of State Michael Adams, Treasurer Allison Ball, Auditor Mike Harmon, Senate leader Robert Stivers, House leader David Osborne and many others were also enjoyed.

See the slideshow. | Watch KRLA's Facebook and Twitter pages for legislative news.
Media coverage:

Lawmakers at Rally for Life say they will continue fight for voiceless

Hundreds rally for Right to Life as Gov. Beshear opens doors for Planned Parenthood

Abortion opponents find ally in new attorney general

peopleshouse.jpg


KRLA Forum
UPDATE on January 15, 2020

Congratulations Mike Nemes! Wins Ky State Senate seat! Read more.


Mike_Nemes.jpg The KRLA Political Action Committee has endorsed Michael Nemes for State Senate, District 38. This is Dan Seum's vacated seat.

Here is some background on Mr. Nemes from his website:

Michael Nemes knows the problems Kentuckians face every day. He understands what it’s like to be an employer and a worker; he’s been both a business owner and a union member. After 40-plus years in business, (in 2010) Mike ran for state representative to make Kentucky a better place to work and do business. He was elected State Representative for District 38… By 2015, Mike was appointed second in command of the state’s Labor Cabinet…

The Special Election will be held on January 14, 2020. Vote pro-life!


KRLA Forum

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Seventh in a Series: Pro-life Laws Under Attack

On December 9, due to the 2019 general election results, all but one of the wonderful attorneys who have defended the Heartbeat and Anti-eugenics laws ‘withdrew as counsel’ from the case. Some are now employed under new AG Daniel Cameron. Currently, only Attorney Catherine York is on the job, and we are not privy to how things may develop from here.

So far, the Commonwealth wants: (partial summary)

  • Discovery for HB5, to determine the practice and prevalence of race-, sex-, and disability-based abortions and the state’s interest in stopping these; and for SB9 to bring to light facts on viability that would show it is a moving marker and therefore unreliable
  • For the Court to deny EMW’s motion for Summary Judgment on HB5 since no previous case has determined whether a state can ban race-, sex-, and disability-selective abortions. “Roe and Casey focused on women who do not want a child at all, not on women who want a child as long as he or she has certain characteristics.” (This is changing; see previous post. -ed). Also, HB5 protects the medical profession so doctors will be viewed as healers not as facilitators of discrimination. HB5 combats eugenics which is an international trend at present.
  • For the Court to deny EMW’s motion for Summary Judgment on SB9 which is not a “6-week Ban” but rather shows compelling interest of Kentucky in the lives of its unborn children. The fetal heartbeat is the key medical marker that, unlike the old viability marker, does not move; it is a stable, universally recognized sign of life and important milestone in an unborn child’s growth. It is not detectable at 6 weeks but rather at 8 to 10 (from LMP) by transabdominal ultrasound. (emphasis added)

Numerous affidavits were attached to this Document in support of the Defendant’s arguments which were demanded to be struck by Plaintiffs who insisted they were Discovery.

Kentucky argued that Plaintiffs had also provided Discovery by their statement (Doc 4) from an EMW abortionist who claimed that she could not serve patients and had to turn away one with a fetal anomaly. Thus, their request for Summary Judgment was based on a “verified” complaint, which is the same as Discovery. Our attorneys were not ‘born yesterday’.

They noted that the EMW attorneys did not file for Summary Judgment based on the pleadings, in which case Secy. Meier could have been prevented from offering evidence, but rather cited its own verified complaint and a declaration, which allowed Secy. Meier to offer competing evidence.

Nevertheless, the affidavits in support of Kentucky’s arguments were ordered removed, and Plaintiffs continued to argue:

  • As the Supreme Court and every other court to consider a pre-viability abortion ban has held, there is no state interest strong enough to overcome a woman’s decision to obtain an abortion before viability. Defendant’s arguments to the contrary are nothing more than attempts to improperly re-litigate the well-settled constitutional right to abortion, and they should be rejected…
  • Both Bans Are Unconstitutional Under Supreme Court Precedent That Categorically Prohibits States From Banning Pre-Viability Abortions. …The Court is instructed to strike Defendant’s improper expert declarations from the record and deny his request for Discovery.

Many of the documents on PACER are lengthy. The reason for this blog series is to explain briefly (relatively) to Kentuckians what has become of our pro-life bills that our Legislature passed.


KRLA Forum
LaneReport.com | 12-11-19

Attorney Chad MeredithFRANKFORT, Ky. — Chad Meredith has been appointed solicitor general for the Commonwealth of Kentucky, Attorney General-elect Daniel Cameron announced Wednesday. In this role, Meredith will serve as the state’s advocate for appellate litigation.

Meredith previously coordinated and oversaw appellate litigation involving executive branch agencies in the administration of former Gov. Matt Bevin.

“Chad’s experience advocating for Kentucky within the appellate court system makes him an ideal choice to serve as solicitor general,” said Cameron. “Many of Kentucky’s most pressing and significant legal issues are decided on appeal, and I know that Chad will represent the best interests of Kentuckians.”

Read more.

Attorney Meredith has argued many cases for pro-life laws, including the Transfer Agreement case at the Sixth District Appellate Court last summer.



Posts on this page

3/7/2020 4:34:33 PM
News about pro-life bills under consideration by Kentucky’s General Assembly
3/7/2020 4:28:04 PM
SCOTUS takes up Louisiana case; decision may dramatically affect abortion industry
2/28/2020 8:51:46 PM
Duty-sworn to be 100 percent pro-life!
2/21/2020 8:56:46 PM
SB90 and HB67 on the move to passage!
2/14/2020 7:39:30 PM
Contact your legislators about pro-life bills!
2/14/2020 7:31:12 PM
Same-day Voting and Early Voting promoted by House Democrats
2/11/2020 1:29:17 PM
Let's help move HB67 to the House Floor!
2/1/2020 2:47:39 PM
C-J reports that Planned Parenthood will begin doing abortions in Louisville in March
1/28/2020 8:07:54 PM
Democrat Mary Lou Marzian wants a right to assisted suicide
1/28/2020 7:53:51 PM
Taking a look at HB213, SB116, HB296, HB83 and SB102
1/28/2020 7:39:36 PM
Watch for updates!
1/9/2020 2:32:39 PM
Join pro-life activists from across Kentucky to rally in the capitol rotunda on January 15 from noon till 1:30 PM!
12/31/2019 3:15:31 PM
Dan Seum vacated seat could go to a pro-life advocate
12/26/2019 8:38:58 PM
Defendants argue for humanity of doctors to be upheld and humanity of child to be respected
12/13/2019 2:48:44 PM
AG elect appoints current Chief Deputy General Counsel Chad Meredith to solicitor general post

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