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4D Ultrasound

yawning infant

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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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On June 11 the Bevin Administration filed a court document to oppose the petition filed by the EMW Clinic and ACLU challenging the successful Appeal that enforced HB 2, Kentucky’s Ultrasound Law.

EMW/ACLU wants their “do-over” case to be heard by the full court of judges— 28 in all.

Steve Pitt, General Counsel for Gov. Bevin, has stated:

"Rehearing a case en banc is an extraordinary legal procedure, not simply a flippant opportunity for a do-over. In this case, the panel majority faithfully applied the relevant Supreme Court precedent to determine that the legislation at issue is constitutional. Thus, granting en banc rehearing is neither warranted under the rules nor a useful investment of the Court's time.”

Read more.

Read the response of Adam Meier, Secretary of the Cabinet for Health and Family Services, to the EMW/ACLU appeal here.

AG Beshear has refused to be involved in the case.


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For background on the Ultrasound Law continuing legal case, see this post and this page.

The EMW-ACLU Appeal to overturn the Bevin Administration’s successful Appeal to save Kentucky’s Ultrasound Law— is pending and may be read by anyone who desires to have a PACER account. PACER stands for Public Access to Court Electronic Records.

The opening pages of the EMW-ACLU Appeal list all the attorneys who are working on the case. Then, a Statement of Corporate Affiliations and Financial Interests asks two questions:

  1. Is said party (EMW) a subsidiary or affiliate of a publicly-owned corporation?
    Answer: No.
  2. Is there a publicly-owned corporation, not a party to the appeal that has a financial interest in the outcome of this litigation?
    Answer: No.

Shouldn’t there be a third question?

3. Is there a publicly-funded corporation that will benefit from this Appeal if it succeeds?

Answer: Yes, Planned Parenthood receives $500 million annually from the U.S. taxpayers and will certainly benefit if this Appeal succeeds.

And how about a fourth question?
4. Is there an innocent public group who will be harmed financially if this Appeal succeeds?
Answer: Yes, the taxpayers of Kentucky will be the losers, since they will pay the tab for the extensive legal work performed by numerous attorneys from the ACLU of New York, the ACLU of Kentucky, and a law firm from New York, not to mention all the attorneys working for EMW since the suit was first filed— following the passage of HB2 in 2017 by the Kentucky Legislature.

Of course, a new Appeal could send the case to SCOTUS, so we assume it could take some time to determine who pays. We do not know all the legal ins and outs.

And another question:
5. Who pays the ACLU?
Not EMW. The ACLU does not charge its clients for its services. So, EMW can thank George Soros and others who donate to the ACLU for helping them to pursue their Appeal.

But maybe the full panel of the Sixth Circuit will turn down the Appeal. Watch for more news.


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Our celebration about the successful Appeal of the Bevin administration to uphold Kentucky’s Ultrasound Law— was short-lived.

The Courier-Journal reports:

A Kentucky abortion clinic is asking a federal appeals court to rehear an appeal in the case of a state law that requires doctors to perform ultrasounds and show fetal images to patients prior to abortion.

A divided panel of the 6th U.S. Circuit Court of Appeals ruled last month that the 2017 law is constitutional, reversing a lower court judge.

Attorneys for the American Civil Liberties Union, representing EMW Women's Surgical Center in Louisville, the state's only abortion provider, filed a petition Monday asking that the full appeals court hear the case. The petition cites a First Amendment issue of ‘exceptional importance.’

What a disappointment. Stay tuned. Stay strong.


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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.


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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.



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Kentucky Right to Life

Kentucky's largest and oldest right to life organization and the official state affiliate of the National Right to Life Committee

134 Breckinridge Lane
Louisville, KY 40207

(502) 895 5959
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