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4D Ultrasound

yawning infant

PHOTO CREDITS: 4D Ultrasound of fetal yawning at 30 weeks of pregnancy by Dr. Wolfgang Moroder. Baby yawning by Jeuwre. Human fetus at 10 weeks.

10 week old fetus

fetus at 10 weeks

Learn about Kentucky’s Dismemberment Law.

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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
First in a Series: Pro-life Laws Under Attack

Whatever became of the Heartbeat (SB9) and Anti-eugenics (HB5) bills that became law last March? Will discovery be allowed for the state of Kentucky to defend these laws?

You may be asking, what is discovery in a legal context? Here is Dictionary.Law.com’s definition:
n. The entire efforts of a party to a lawsuit and his/her/its attorneys to obtain information before trial through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, examination of the scene and the petitions and motions employed to enforce discovery rights. The theory of broad rights of discovery is that all parties will go to trial with as much knowledge as possible and that neither party should be able to keep secrets from the other (except for constitutional protection against self-incrimination). Often much of the fight between the two sides in a suit takes place during the discovery period.

Why has discovery not been permitted so far? Here begins a brief blog series to examine the EMW Clinic legal case against these laws.

We will look at documents filed by our attorneys and EMW’s on the PACER website. PACER is the Public Access to Court Electronic Records website that lets anyone create a login and search for case information.

If discovery is permitted by the judge, it is sure to be enlightening, but we may be on the brink of an opposing conclusion. Nevertheless, assuming Gov. Bevin is re-elected, the case probably will be pursued to the Appeals Court.

MANY ATTORNEYS

Four law entities are pursuing the case to quash HB5 and SB9 on behalf of the EMW clinic:

  • The American Civil Liberties Union Foundation, NY, NY
  • Ackerson & Yann, PLLC , Louisville, KY
  • ACLU of Kentucky Foundation, Louisville, KY
  • O’Melveny & Myers, NY, NY

Kentucky is defending this case with attorney services from the Office of the Governor and the Cabinet for Health and Human Services since our Attorney General refused to defend them.

The opposition has termed HB5 the Reason Ban and SB9 the 6-week Ban. They have lumped these together in their suit that initially sought both a temporary restraining order and/or a temporary injunction as well as a permanent injunction, and now requests a summary judgment— asking the judge to reject these laws as unconstitutional, to dismiss the suit, and to permanently enjoin the defendants (our state) from "enforcing, attempting to enforce, threatening to enforce, or otherwise requiring compliance with SB9 and HB5…". (Enjoin in a legal context means to order.) That means never again could these issues be revisited in any legislation our senators or representatives propose.

The Judge in charge of this case is David J. Hale. From the Ballotpedia website, we read: …President Barack Obama nominated Hale to fill a vacancy on the United States District Court for the Western District of Kentucky. Hale was confirmed to the court on December 3, 2014, by a voice vote of the Senate.


KRLA Forum

Mike Fichter, CEO of Indiana RTL, Host of LoveX2 podcast on Apple Podcasts (Facebook too), and author of many pro-life books, warned about Planned Parenthood on a mission.

sc19_fichter.jpg

  • Planned Parenthood of Indiana and Kentucky (PPINK) formerly had a budget of $15M, but after its “merger” (takeover) with PP of the Great Northwest and the Hawaiian Islands (PPGNHI), the budget includes $90M in financial resources.
  • Ky. and Ind. have become a “test market” for PP. They saw our states as abortion deserts with aggressive pro-lifers in charge, and they believe that if they can “break the back” of our pro-life majority, they can achieve the same goal in any state of the union.
  • Their plan is outlined in “Care For All” — See here.
    The document begins:
    There’s no way to sugarcoat it. With Brett Kavanaugh on the Supreme Court, we are likely to see the further erosion of Roe v. Wade in the very near future. There are 13 abortion-related cases that are just one step away from the Supreme Court, and 20 states are poised to ban abortion should Roe v. Wade be overturned.
  • The “Care For All” Plan is to:
    1. Expand regional access and “virtual” access through telemedicine.
    2. Partner with coalitions and advocates to ensure a network of states where abortion will still be legal whatever SCOTUS may rule.
    3. Work to destigmatize abortion in the media and in the popular culture “including working with the music, fashion, movie and television industries”… and with content creators (etc). (This tactic is already in play by Whole Women’s Health as well. http://shiftstigma.org/)
  • PP’s strategy is also to drain state resources through taking us to court as pro-life laws are passed.

Be alert, pro-lifers. Do ALL that you can to preserve our state’s pro-life majority in the legislature and in state offices.


KRLA Forum

Once again Kentucky’s Ultrasound Law is under fire. For background, see here.

UPDATES on Oct. 1: SCOTUS will decide this week whether to review any pro-life cases. Read more. | Virginia Judge Upholds Ultrasound Law

A C-J article slants toward the overturn of the Ultrasound Law. Excerpt below. Stay tuned.


Deborah Yetter, Louisville Courier Journal | Published Sept. 26, 2019

The American Civil Liberties Union has asked the U.S. Supreme Court to strike down a Kentucky abortion law that requires doctors to perform an ultrasound of the fetus and attempt to show it, describe it and play an audio of the heartbeat to the patient prior to the procedure…

The 2017 law is among half a dozen laws aimed at restricting or eliminating abortion in Kentucky passed in recent years by the Republican-controlled General Assembly and signed into law by Gov. Matt Bevin, an anti-abortion Republican who is seeking a second term….

Read more.


KRLA Forum

Today, the KRLA PAC issued an endorsement of Gov. Matt Bevin for re-election to our state’s highest office.

Dear Governor:

Last week, National Right to Life Committee, Inc., the federation to which Kentucky Right to Life belongs, was pleased to endorse you for reelection as governor. The fact that NRLC made an endorsement in your statewide race is a testament to your unapologetic pro-life convictions, your effectiveness in administrative matters that resulted in the closure of a Lexington abortion clinic, your willingness to sign pro-life legislation into law, and your defense of such legislation against judicial challenges.

Kentucky Right to Life PAC is happy to echo the endorsement of its national federation. We heartily endorse you for governor. It is doubtful that we could find any candidate more suitable or more deserving of pro-life support.

Thank you for everything you have done in your first term; we look forward to working with you in a second term. We will ask all our pro-life friends to lend their support to your election this November.

Wishing you success,

Margie Montgomery, Executive Director, KRLA

David M. Bauscher, Coordinator, KRLA PAC


KRLA Forum

chad_meredith_ta.jpg

Chad Meredith (addressing the media), our state’s Chief Deputy General Counsel, argued to retain Transfer Agreements law in Kentucky at the Sixth Circuit Federal Appeals Court on August 8. Background on this case is here.

Many pro-lifers including KRLA staff and members heard the arguments and later participated in a media conference staged by Addia Wuchner, former representative for Ky’s 66th district. Reporters from WDRB-TV, the C-J and others covered the event and LifeNews has reported on it drawing from a story in CourtHouseNews.com.

Listen to the full proceedings from the hearing. As noted by CourtHouseNews, there is no timetable for the decision to be issued. Three judges heard the arguments by Atty. Meredith and attorneys for the EMW Clinic and Planned Parenthood. Two of them, Judges Chad Readler and Joan Larsen are recent appointees of President Trump. Judge Eric Clay was appointed by President Bill Clinton in 1997.

Aside: Congratulations to Attorney Meredith who was recently promoted to Solicitor General. Read more.


KRLA Forum

UPDATE | July 15, 2019: On the same day that Gov. Bevin announced that his legal team filed a brief to oppose the lower court decision to overturn Kentucky’s D&E Abortion ban, an Oklahoma Judge upheld the law passed by Oklahoma’s legislature to ban D&E. The opposition has promised to fight forward. Whatever becomes of Kentucky’s appeal, a showdown at the Supreme Court looms.


FRANKFORT, Ky. (July 12, 2019) 

Gov. Matt Bevin’s legal team on Wednesday evening filed their opening brief with the U.S. Court of Appeals for the Sixth Circuit in defense of House Bill 454 (HB 454), which bans the brutal and grotesque practice of live dismemberment abortions.

HB 454 was passed by the 2018 Kentucky General Assembly with overwhelming bipartisan support from legislators and signed into law by Gov. Bevin on April 10. The ACLU and a Louisville abortion clinic quickly challenged the law, and a U.S. District judge in May ruled in their favor.

The Bevin Administration, represented by attorneys from the Governor's Office and from the Cabinet for Health and Family Services, argues that without HB 454, unborn children will continue to be torn limb from limb while still alive — a practice infinitely more barbaric than that reserved for “those who receive the death penalty and...even animals destined for death.” They further assert that the new law is in the best interest of the state because it protects the dignity of the unborn and ensures that the ethics of the medical profession in Kentucky reflect the values of the Commonwealth.

Read more.


KRLA Forum

The Supreme Court declined to hear an Alabama Dismemberment Abortion case on Friday, June 28. This case had been strengthened by an Amicus brief presented on behalf of 21 states through our Governor Bevin.

The Kentucky Legislature passed a law in 2018 to ban Dismemberment Abortion which was challenged in court by the EMW/ACLU, and they won. Background on this case is here.

Gov. Bevin has appealed to the Sixth Circuit to reverse the decision to strike the law, and has vowed to appeal to SCOTUS should the current appeal be denied.

In regard to the Alabama case, Justice Clarence Thomas commented that “…justices should not keep refusing to hear abortion cases…”

The below NRLC graphic shows that two states, Mississippi and West Virginia, currently support Dismemberment Abortion bans. This demonstrates that legislatures and judges do rule favorably on this issue, but not in all states where legislation is passed.

dismemberment_nrlc.png

In Kentucky we have a pro-life legislature but are frequently disappointed by the court system.

Let’s pray for a favorable outcome on the current Appeal, which we may very well see, based on the successful Ultrasound Law Appeal and the refusal of the Sixth Circuit to re-hear that case. (See previous post.)


KRLA Forum
FRANKFORT, Ky. | Friday, June 28, 2019

In a major pro-life victory for Gov. Matt Bevin and the people of the Commonwealth, the U.S. Court of Appeals for the Sixth Circuit today denied EMW Women's Surgical Center's petition for rehearing of the House Bill 2 ultrasound case.

In April, the Sixth Circuit upheld the constitutionality of HB 2 (2017), which requires an abortion provider to provide mothers with an ultrasound and a description of what it depicts, as well as the opportunity to hear the fetal heartbeat, before she chooses to terminate her pregnancy.

Earlier this month, the Louisville abortion clinic asked the Court to rehear the case en banc (before the entire bench) in a desperate attempt to undermine the Kentucky law, which passed with the support of more than 87 percent of state legislators.

Read more.

The Courier-Journal quoted the ACLU attorney from NY who called the law ‘medically unnecessary’ and not supported by medical groups including the American College of Obstetricians and Gynecologists and the American Medical Association. Read more.

In the linked video, Gov. Bevin discusses the victory!


KRLA Forum

Congratulations to Governor Bevin and running mate Ralph Alvarado, Secretary of State candidate Michael Adams, Attorney General contender Daniel Cameron, and Commissioner of Agriculture Ryan Quarles.

We must all ask ourselves: How can we help the Republicans win in November? Think of any who did not vote yesterday. Ask them why. Explain what is at stake. Urge them to vote.

The KRLA PAC will be active to support your efforts.

Our endorsed candidate for AG, Wil Schroder, made a great showing and we look for him to succeed in future state races.


KRLA Forum

sample_ballot_web.pngThe KRLA Political Action Committee’s approach to endorsing a candidate for each race might be called the “select the best” method. Other voter guides such as the C-J’s that was published last week provide “In their own words” tidbits. This is extremely helpful to candidates because they can exactly state what they want us to hear. Whether their potential actions will achieve their goals or whether they have proven that they can live up to any of their words is not offered.

The average person likes the idea of “In their own words” guides so that they can peruse the brief statements and select the ones that seem to best line up with their beliefs. It’s simple. And it seems very straightforward. A good aspect is that they help us think about specific issues.

Not all candidates will respond to voter questionnaires. They feel their record speaks best for them.

The KRLA PAC carefully reviews all candidates’ backgrounds and voting records, and selects the people we feel will live up to their words and can probably win, based on various insights. We want to send those MOST LIKELY TO SUCCEED to the General Election.

Here are the websites of the candidates we endorsed for the 2019 Primary. You can read more about their backgrounds and accomplishments. It will take a little longer than scanning a voter’s guide, but can help you to round out a good opinion on each one. Two candidates are unopposed, Allison Ball for State Treasurer and Mike Harmon for Auditor of Public Accounts. Both took the time to return our questionnaire and earn our endorsement.

Matt Bevin / Ralph Alvarado for Governor / Lt. Governor
Will Schroder for Attorney General
Michael G. Adams for Secretary of State
Ryan Quarles Commissioner of Agriculture
View your ballot here

GET THE VOTE OUT on May 21st! There are 1,437,897 registered Republican voters in Kentucky. In the 2018 Primary Election only 24% went to the polls to vote!

A tragedy. Every vote counts.


KRLA Forum

A disappointing ruling against Kentucky's law to ban Dismemberment Abortion was pronounced Friday, May 10, 2019. An update to the story published May 13 includes a TV interview with KRLA executive director Margie Montgomery. Click on the image.

dismemberment_collage_r.jpg

In the spring of 2018 the Kentucky legislature passed a law to end D&E abortions. The law states:

"Bodily dismemberment, crushing, or human vivisection" means a procedure in which a person, with the purpose of causing the death of an unborn child, dismembers the living unborn child and extracts portions, pieces, or limbs of the unborn child from the uterus through the use of clamps, grasping forceps, tongs, scissors, or a similar instrument that, through the convergence of two (2) rigid levers, slices, crushes, or grasps, or performs any combination of those actions on, any portion, piece, or limb of the unborn child's body to cut or separate the portion, piece, or limb from the body. The term includes a procedure that is used to cause the death of an unborn child and in which suction is subsequently used to extract portions, pieces, or limbs of the unborn child after the unborn child's death; …

It was further legislated that there would be no penalty for the pregnant woman and that it would not apply in a medical emergency.

A related Amicus brief may be read here. Background on the legislation is here.

Governor Bevin has promised to appeal the decision all the way to SCOTUS if necessary. Let’s work hard to re-elect our incomparable pro-life Governor!

This news has been reported in the Courier-Journal, Chicago Tribune, Washington Post, and other media. We will report more information in the coming weeks.


KRLA Forum

Sixth and final in the Amici series

When Planned Parenthood (PP) could not get a Transfer Agreement (TA) with any hospital in Louisville, it got one with U of Ky. in Lexington and Clark Memorial Hospital in Indiana. These were considered by the Bevin Administration (BA) too far from PP or in the case of Clark Co., not in Kentucky, which has the duty of oversight for the TA providers. Its jurisdiction does not extend to Indiana.

AG Beshear’s Argument 1 is that a state cannot rely on another state to protect a woman’s 14th amendment right. That was in response to the BA statement during the trial that a woman can get an abortion in Indiana, Tennessee, Ohio, etc., which is already true given that Kentucky currently only has one abortion clinic, the EMW in Louisville.

Thus, AG Beshear’s statements that Kentucky should let Indiana contract with PP in Louisville for a TA, but should not consider other state’s abortion clinics to be suitable for Kentucky women, seem contradictory.

Argument 2A says that “The BA has unduly burdened women seeking to exercise their constitutional rights” and 2B states that TAs “provide no benefit to clinic patients.” We disagree.

Regarding Argument 2A, as stated above, women currently do get abortions in nearby areas over state lines, which shows they are not unduly burdened in their pursuit of an abortion.

As for 2B, we lobbied for TAs way back in the 1990s, and have never reversed our position on this important service for women.

TAs may not be frequently needed, but they are important to have should the need arise. A current story that underscores this fact is here. Another is here.

We urge the judges of the Sixth Circuit Court to uphold Kentucky Law.



Posts on this page

12/31/2019 3:15:31 PM
Dan Seum vacated seat could go to a pro-life advocate
11/1/2019 3:57:31 PM
Will discovery be allowed for the state of Kentucky to defend the legal case against the Heartbeat (SB9) and Anti-eugenics (HB5) laws?
10/1/2019 3:15:18 PM
Wrap Up of 2019 KRLA State Conference - Part 2
9/27/2019 1:24:40 PM
ACLU asks US Supreme Court to overturn Kentucky abortion ultrasound law
9/10/2019 5:08:31 PM
Let’s re-elect Matt Bevin!
8/13/2019 6:57:15 PM
Pro-life legislation only passes if Kentucky has pro-life state officers and legislators
8/9/2019 3:06:20 PM
Transfer agreements law appealed in Sixth District Court
7/14/2019 10:10:26 AM
HB 454, passed overwhelmingly by Kentucky General Assembly, in legal fight
7/1/2019 2:45:33 PM
SCOTUS declines to hear the Alabama Dismemberment Abortion Appeal
6/29/2019 5:07:04 PM
Sixth Circuit denies EMW/ACLU petition for rehearing of HB 2 Ultrasound case!
5/22/2019 1:48:37 PM
Slate set for Fall General Election
5/15/2019 5:36:35 PM
Every vote counts. Plan to vote on May 21 in the Kentucky Primary Election!
5/11/2019 1:10:09 PM
Judge McKinley ruled Friday, May 10, 2019, that D&E dismemberment abortion will continue in Kentucky
5/1/2019 2:51:30 PM
Kentucky Right to Life 2019 Primary Political Action Committee publishes voter guide on May 1
4/18/2019 3:45:43 PM
KRLA is strongly in favor of Transfer Agreements

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