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KRLA Forum
UPDATE: 8-31-2020 | AG Cameron continues to actively pursue litigation. More

appeals-court-graphic-sm.pngIn late June we reported on the Supreme Court decision that ruled against Louisiana’s 2014 ‘Unsafe Abortion Protection Act’, the June v. Russo case.

Pro-lifers had hoped SCOTUS would require abortion clinic doctors to have admitting privileges with nearby hospitals. Instead, the Justices’ decision has caused a wave of motions by ACLU and/or abortion clinic attorneys across the country, asking courts to recognize the SCOTUS decision as pertinent to litigation or laws that are related.

To counter this aggressive effort, AG Cameron stepped forward to request that the Sixth Circuit grant his motion to defend Kentucky’s Transfer Agreement Law from Legal Challenge by ACLU, Planned Parenthood and the EMW. It was granted. This case was begun in the Bevin administration so it was necessary to update those involved.

The Appeals Court heard arguments in the case last August. We suspected it was waiting to hear what SCOTUS would say about the Louisiana case before issuing a ruling.

We remain hopeful to see our Transfer Agreement law upheld. As mentioned in previous posts, of the judges on the panel, two were appointed by President Trump. They seemed genuinely interested during the oral arguments, and even suggested good reasons for transfer agreements!

Also, of six states that require TAs with hospitals, two are in the jurisdiction of the Sixth Circuit Appeals Court. The six states are: Florida, NC, Penn., Wisconsin, Mich. and Ohio, with the last two being part of the Sixth Circuit along with Ky. and Tenn.

The ramifications of the June v. Russo case are many. The Guttmacher Institute, a policy arm of abortion supporters, provided a view to how it could affect the national “targeted regulation of abortion providers.”

It is strange that their chart that delineates which states have Transfer Agreements marks Kentucky’s Law as “permanently enjoined.” Of course, it is NOT. It awaits the decision of the Sixth Circuit Appeals Court.

Blog series on this website presenting various aspects of this topic include the Amici series and the License to Abort series. Use the Google search window at the top to search by words or phrases.


KRLA Forum
Updated August 21, 9 AM

C-J reports NO BUFFER ZONE!

The Louisville Metro Council on Thursday rejected an ordinance that would have allowed health care facilities, including abortion clinics, to create a buffer zone outside the entrances to their facilities.

The legislation, proposed this year after years of advocacy work by activists including the Kentucky Health Justice Network, failed in a 12-13 vote after lengthy discussion that at times verged into the ethics of abortion.

All seven Republicans — council members Kevin Kramer, R-11th; Scott Reed, R-16th; Parker; Anthony Piagentini, R-19th; Stuart Benson, R-20th; Robin Engel, R-21st; and James Peden, R-23rd — voted against the ordinance.

They were joined by six Democrats: Pat Mulvihill, D-10th; Rick Blackwell, D-12th; Mark Fox, D-13th; Cindi Fowler, D-14th; Madonna Flood, D-24th; and David Yates, D-25th.

TIME NOW to SAY THANKS! See email link for Council members below.


Updated August 19, 2:30 PM

FULL METRO COUNCIL VOTE ON BUFFER ZONE AUGUST 20

Many in the community have objected— Read the ordinance.

A long-time member of RTL shared the letter that he sent to the Council members. As he notes, “The resolution cites the COVID pandemic as a reason for its passage. Putting aside the fact that most of the protesters wear masks since COVID, isn’t it interesting how no council member has suggested that other protests observe a similar buffer zone for public safety. It seems that one group’s right to protest is deemed safe and another group’s protest must have a buffer.”

Email the council members. View the agenda.


Updated August 14, 2020 7AM

Buffer Zone ordinance advances to full council

The Courier-Journal reported late Thursday that the Buffer Zone ordinance moved out of committee:

Legislation that would allow health care facilities, including abortion clinics, to create "buffer zones" outside their entrances to preserve access to services is one step closer to reality.

The Louisville Metro Council’s Community Affairs, Health and Education Committee voted 4-2 along partisan lines Wednesday to send the ordinance to the full Metro Council for its consideration, after more than two hours of discussion.

The legislation, which has been called for by advocates for several years, was made more urgent by the COVID-19 pandemic, according to sponsors who spoke at Wednesday's committee meeting.

Councilwoman Jessica Green, D-1st District, said the ordinance shouldn't be a debate about abortion because it is legal and “makes sense right now” because it has become a safety and public health issue.


The buffer zone (BZ) is back in the news. Nationally, it has steadily been debated and adjudicated for decades.

In June of 2014 the Supreme Court determined for Massachusetts that an abortion clinic buffer zone of 35-feet would violate the First Amendment. At that time Chief Justice Roberts said, “Such areas occupy a ‘special position in terms of First Amendment protec­tion’ because of their historic role as sites for discussion and debate…”

But in early July (2020) SCOTUS declined to review an appeal on behalf of Colorado pro-lifers regarding a 2000 decision that upheld an 8-foot ‘bubble zone’ around people near an entrance to a clinic. This means that clinic access laws in Chicago and Harrisburg, Penn., will not be challenged as pro-lifers had hoped. The Chicago ordinance requires an 8-foot bubble zone around people within 50 feet of a clinic entrance and restricts specified types of free speech— protesting and counseling. The Harrisburg ordinance sets a 20-foot buffer zone.

In Louisville, the issue took front and center in the spring of 2017. KRLA reported on a Louisville Metro Council (LMC) meeting where the BZ was proposed and discussed on June 14, 2017. The photo shows some sidewalk counselors who attended the meeting, and their small sign relates the best reasons not to have a BZ: Free speech and Women have Right to Know.

buffer-zone-council-mtg.jpg

Last January Councilman Robin Engle warned the peaceful protestors at the Louisville Rally for Life held on the Metro Hall steps, that LMC and BZ supporters were discussing a new effort. Robin said in response to the C-J story that followed, “I don’t know the distance being discussed in the version of the ordinance being proposed by abortion advocates. The Council tried to establish limits like this on free speech (in 2017), and there really isn’t much difference between 10, 20 and 50 feet.”

Fast-forward to August 2020: We are now being advised by the LMC that a 12-foot BZ is needed by ALL health clinics, double the six-foot “guidance” for COVID safety. The new ordinance, filed August 3, states: The Dept. of Public Works “shall, at the request of any healthcare facility, paint or lay on the public way or sidewalk easily distinguishable demarcation lines marking the buffer zone and post such zone with signage stating: ‘Healthcare facility: No standing or obstructions within this zone’ and citing this ordinance.”

The LMC Community Affairs, Health and Education Committee agenda states they will discuss the BZ at their August 12 meeting at 1:30 PM.

Louisville residents can find their Council representatives here. Email addresses are here. Address correspondence to: Louisville Metro Council, 601 West Jefferson St., Louisville, Ky. 40202. Look for Louisville Safety Zone on Facebook and Twitter to view the community activism.

The COVID-19 virus is cited in the ordinance as a reason for the BZ:
WHEREAS, as of July 16, 2020, over 3,483,832 individuals in the United States have been diagnosed with COVID-19, with 21,083 of those cases being Kentucky citizens;
WHEREAS, as of July 16, 2020, over 136,938 individuals in the United States have died from COVID-19, with 650 of those deaths being Kentucky citizens;

This means that of 326.7 million people in the U.S., one percent have or had the virus and .04% have died. As well, there are many stories in the media stating that numerous deaths are attributed to COVID among those who had other debilitating conditions.

Is this another instance of COVID-engineered societal lockdown?


KRLA Forum

Pro-lifers in Kentucky currently await a number of important court rulings:

  1. The Supreme Court will soon rule on the Louisiana June Medical Services case. Its decision could require abortion clinic doctors to have admitting privileges to a nearby hospital, leading to many clinic closings in the nation. In Louisville two doctors (of whom we are aware) at the EMW clinic do have hospital admitting privileges but this is not the same as a Transfer Agreement.
  2. The Transfer Agreement lawsuit awaits a decision from the Sixth Circuit Appeals Court. It is possible that the above-mentioned SCOTUS ruling will affect that case. However, as brought out by Kentucky’s attorneys during the trial and appeal, the critical aspect of such agreements is the “protocol for transferring medical records.” Since two of the judges on the Appeals panel were appointed by President Trump, we hope for a fair and just decision.
  3. The Heartbeat and Anti-eugenics laws, rolled into one during the litigation, await the decision of the Sixth Circuit Appeals Court on an Ohio case, “Preterm-Cleveland v. Himes,” that will determine the fate of Down Syndrome babies and the outcome of the Kentucky litigation.
  4. The Dismemberment Abortion law appeal was decided in favor of the EMW and ACLU,  however, AG Cameron will be making a decision soon on whether to request an “en banc” (full Appeals Court) hearing or to instead appeal the case to SCOTUS.

Presently, pro-lifers are striving to prevent the overturn of safety precautions for women who elect medical abortions. Attorney General Cameron has added Kentucky as an “Intervenor State” to an Amicus brief in defense of in-person dispensing of the “abortion pill” by a doctor for the protection of the woman seeking the abortion. The political association for ObGyns, ACOG, wants the FDA to drop their regulations that ensure a drug’s benefits outweigh its risks. The pro-life ObGyns have exposed this.

Let's all pray.


KRLA Forum

neverrarely.jpgNew ideas are always emerging in the pro-life activists’ realm. One idea recently heard was that those protesting at abortion clinics ought to carry signs telling the moms-to-be that they are carrying a little goldmine: “STOP! The liver of your fetus is worth $750! Contact us at [phone].” The activist could take the conversation from there.

This, of course, was not a serious suggestion.

However, if hearing a heartbeat (at six weeks) during an ultrasound does not register with the pregnant lady, maybe losing $750 would capture her attention. Women want to know when others are taking advantage of them.

During the recent trial to convict David Daleiden and others with the Center for Medical Progress who exposed the Planned Parenthood baby body parts scandal, that dollar amount for a liver was noted in testimony:

One particularly incriminating exchange was during the video testimony of Tram Nguyen, Abortion Center Administrator for Planned Parenthood Gulf Coast (PPGC). She was asked by defense counsel about an e-mail stream between her and the Regional Medical and Surgical Services Director of PPGC.

Nguyen agreed in that e-mail exchange that she wanted to move forward with an attached contract that would have paid PPGC $750.00 per fetal liver and $1,600.00 per fetal liver/thymus pair.

And be aware—

… In December 2017, two California companies, DV Biologics and DaVinci Biosciences, admitted guilt and agreed to pay nearly $8 million to settle a civil case brought by the Orange County District Attorney’s Office for illegally trafficking in aborted baby tissues and organs procured exclusively from Southern California Planned Parenthood abortion facilities. The two companies were also ordered to shut down, but in a miscarriage of justice, Planned Parenthood escaped prosecution.

So, because it is unlikely that PP will explain to the abortion patient how the body parts of her baby may be worth a lot of money, pro-lifers could do so. The women need to understand who PP is.

A new film, Never Rarely Sometimes Always, glorifies Planned Parenthood. A movie review on The New Republic site gushes:

Planned Parenthood does save people’s futures. Those are the facts of Hittman’s film, but they are also the facts of life in the United States. Even worse, since the coronavirus crisis began, several states have deemed abortion to be a “nonessential” medical procedure and ordered that all planned terminations be delayed, apparently ignoring the fact that pregnancy waits for no man.

Those real-world stakes make the film harder to interpret as a piece of fiction, since, on the one hand, its delicate cinematography is inevitably overshadowed by the towering political issues at play. One leaves the movie shattered with gratitude toward Planned Parenthood and the people who work there, and disoriented with rage toward almost everybody else.

The crisis pregnancy center in the film is cast as as ‘religious propaganda station.’

The movie went online last week (pay for play) with rave reviews from the usual suspects— The New York Times, Los Angeles Times, Associated Press and others.

The heroine must endure the Christian at the crisis center who performs the ultrasound, saying, This is the most magical sound you will ever hear, regarding the fetal heartbeat. She tears up, very slightly. Perhaps it saddens her, but her own choice is the dominant voice in her conscience.

With the courts, the media, the entertainment industry, the large corporations, the universities and schools and even many churches supporting that choice, what could help her to change her mind? Well, maybe she would get mad enough to, if she thought someone was about to ‘make a killing’ from her product of conception.

And furthermore, the movie reviewer was wrong about COVID-19 proving that abortion is essential since the woman must be aborted as early as possible — to avoid complications? Hmm. At 22 weeks, the brain is worth $999, so from a practical standpoint, COVID-19 is preventing medical research— and more profits for abortion clinics that traffic in parts.

Surely, we want to believe, such trafficking no longer takes place. More on this in a future post.


KRLA Forum

A lot of information on Transfer Agreements is on this website, including a blog series that questions how Andy Beshear as AG filed an Amicus brief on behalf of EMW and PP. Particularly when it was his duty to defend Kentucky law. ?

Will our current AG Daniel Cameron sue Gov. Beshear for issuing the illegal license to abort?

It is well to pursue lawbreakers in a step-by-step manner as KRS 15.241 and HB451 prescribe. HB451 ended up in the House Rules Committee at the end of the 2020 Legislative Session, however its language was merged into the SB9 bill at the 11th hour of the Session. Many news stories today are reporting this advance.

Insert this!

hb451.png

For the AG to sue the Governor is a huge and costly step. AG Beshear sued Gov. Bevin five times and won two of the cases: He blocked the governor's $18 million cut to Kentucky universities in 2016 and blocked the administration's pension reform bill in 2018. Bevin won the teacher “sick-out” case, but when Beshear became Governor, he reversed the decision.

Most Kentuckians do not want their AG and Governor to be embroiled in court cases on different sides. Ouch. They would prefer the HB451 method.

Contingencies

Most pro-lifers would understand that the TA case may be decided at any time, and if it upholds Judge Stivers’ verdict, then the clinics will not need TAs.

Possibly the Appeals Court is waiting to learn if the Supreme Court will uphold Louisiana’s Unsafe Abortion Protection Act that requires abortion providers to have admitting privileges within 30 miles of a local hospital, and requires doctors who perform more than five abortions a year to maintain proper licensing.

This case further mandates that informed consent protections and reporting of anonymous data and complications apply to to RU486 chemical abortions, just as to surgical abortion, and it clarifies that physicians in both private offices and licensed outpatient abortion facilities owe women the same informed consent protections and reporting of public health data and abortion complications, whether the abortion is surgical or an RU-486 drug-induced abortion.

Kentucky already requires reporting of RU486 abortions and informed consent protections, and does not permit abortions to be performed in private offices nor in public hospitals unless to save the life of the mother.

The tragedy of this long wait for court decisions is the loss of precious and innocent humans who deserved legal protection. So, don’t be surprised if AG Cameron decides to make an issue of the missing TAs as well as the COVID-19 violation of the Governor’s healthcare mandate even if SB9 does not become law. And, don’t be surprised if the Sixth Circuit Court decides in favor of Kentucky’s appeal before SCOTUS rules on the Louisiana case.

An Aside:

Current Kentucky abortion licensing requires that:
An employee or volunteer of the facility while afflicted with any infected wounds, boils, sores, or an acute respiratory infection or any other contagious disease or illness shall not work in any capacity in which there is a likelihood of that person transmitting disease to other individuals.

Since COVID19 carriers may be asymptomatic, this is yet another aspect of licensing law being broken.


KRLA Forum

In many previous posts we have carefully explained why it is not possible for any abortion clinic in Kentucky to be licensed unless it has Transfer Agreements. Nevertheless, the law that mandates this has been ignored.

For a time we were not sure that Planned Parenthood was doing abortions even though we knew they had been issued an illegal license, but we recently learned a person seeking an abortion had been scheduled there to have one. So, we are assuming that Kentucky now has two abortion clinics.

Though Gov. Beshear has mandated that all elective medical procedures cease, about 380 abortions have been performed this month at the EMW clinic. How many at PP? Who knows?

Attorney General Daniel Cameron is on the move to enforce protection for abortion clinic workers and their clients. But based on media reports of Planned Parenthood and ACLU-led push-back against this common sense initiative in other states, it is likely Cameron's challenge will be opposed.

We urge all pro-lifers to send a message to our AG to encourage him in this fight and to show appreciation. He has shown great leadership for us, and we need to show great support for him.

Based on former AG Beshear challenging Gov. Bevin in court, it was established by Kentucky’s Supreme Court that the AG can sue the Governor. The Court wrote:

“It is certainly in ‘the interest of all the people’ that there be no unconstitutional or illegal governmental conduct.” The Court analyzed the supremacy of the Attorney General as the chief law officer of the Commonwealth, and found that he has broad authority to sue for declaratory and injunctive relief against state actors, including the Governor, whose actions he believes are illegal or unconstitutional.

Though we do not look for AG Cameron to be ‘litigious’ we know he is committed to protect human life in all its stages.

Executive Director Margie Montgomery has weighed in on this controversy. Click to see the WLKY-TV report and video.

Our office staff is on the job throughout the week, though the public cannot enter our building at this time due to COVID-19 restrictions. Your contributions are most welcome, and we thank all who donate, no matter what the amount.


KRLA Forum

Fourth in the License to Abort Little Ones series

A look back over the multitude of legal briefs that began to be filed in early 2017 for the Transfer Agreements case reveals that Vickie Yates Brown Glisson was first to be named in the suit by EMW (et al) against Kentucky.

Ms. Glisson was appointed by Gov. Bevin in 2015 as Secretary of Kentucky’s Cabinet for Health and Family Services (CHFS). When the suit began, the CHFS did not have a general counsel. Then-AG Beshear did not defend Kentucky’s pro-life laws. Therefore Gov. Bevin called upon his General Counsel Steve Pitt to serve in Beshear’s role.

However, now that our new AG is pro-life, Gov. Beshear believes his CHFS Secretary has the authority to rescind lawsuits begun when Steve Pitt acted as General Counsel.

Kentucky’s CHFS Acting Secretary Eric Friedlander was quoted in a C-J article on Jan. 14:

“By rescinding the improper decision by the previous administration, we are now following the established processes required to reapply for a license," Friedlander said in a statement. "This administration will follow the state laws and statutes related to licensing of these facilities.”

…Friedlander's agency on Tuesday dropped the lawsuit the Bevin administration had filed accusing Planned Parenthood of failing to comply with state law in its previous license application. Lawyers for the Beshear administration and Planned Parenthood signed an agreement to dismiss the case pending in Jefferson Circuit Court, saying there was no failure to comply with the law.

Was the case is pending in the Jefferson Circuit Court? A call to the Cincinnati Sixth Circuit Appeals Court this week disclosed the case is pending there. What is going on? KRLA has requested AG Cameron’s help in this matter and we are confident he will clarify or take action to resolve the confusion.

First AG Beshear told Kentuckians he opposed the TA case. He even submitted an amicus brief on behalf of the EMW and PP while serving as Kentucky’s AG! (See blog series). Now, as Governor, he claims control of it? Can this be?

On the AG webpage on the state website, there is information on the AG powers:

The Kentucky Supreme Court has firmly established that the Attorney General’s primary obligation is to the people and their Commonwealth – not any branch of government. In 2016, the Supreme Court recognized the Attorney General’s common-law obligation to protect public rights and interests by ensuring that our government acts legally and constitutionally, in Beshear v. Bevin, 498 S.W.3d 355. The Court wrote that “It is certainly in ‘the interest of all the people’ that there be no unconstitutional or illegal governmental conduct.” The Court analyzed the supremacy of the Attorney General as the chief law officer of the Commonwealth, and found that he has broad authority to sue for declaratory and injunctive relief against state actors, including the Governor, whose actions he believes are illegal or unconstitutional.

Click here to read the rules for licensure of an abortion clinic in Kentucky. This has not been removed from the Ky. Law webpage to date.

On Jan. 31 the C-J reported:

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.

We believe this is a ruse.

If the Appeals Court panel of judges reinstates Kentucky’s TA law, that will either end the matter or the ACLU (et al) will pursue the case to SCOTUS. If the Appeals Court judges agree with the Fifth District Court decision handed down by Judge Stivers, perhaps AG Cameron will appeal to SCOTUS. (See related article on pro-life case now at SCOTUS.)

We are confident that the Rule of Law will prevail.

It has never been the TA Defense’s goal to shut down Kentucky’s abortion clinics, but only to preserve the existing law that protects aborted women.


KRLA Forum

Third in the License to Abort Little Ones series

There is a little confusion in the Transfer Agreements term. Sometimes it is used in the singular and other times as plural. There are two agreements, one with a hospital and one with a local ambulance service.

It was brought out in the Kentucky Transfer Agreements (TA) trial in September 2017, that the crucial feature of any TA with a hospital is the “protocol for transferring medical records.” This was restated in an Appellant (Ky.) brief last October explaining to the Cincinnati Appellate Court why the TA case is far from being resolved.

Kentucky’s brief was in response to an ACLU brief stating that a new policy issued September 30, 2019, by the Centers for Medicaid and Medicare (CMS) eliminates the requirement for Ambulatory Surgical Centers (ASC) to have

  1. doctors with admitting privileges on staff,
    or
  2. a written transfer agreement with a hospital,

in order to participate in the Medicare program.

The CMS states that

  1. the enactment of EMTALA (Emergency Medical Treatment and Active Labor Act) regulations, and
  2. the small number of transfers, and
  3. the burden that ASCs incur when faced with local hospital competition issues

are good reasons why no TA is needed.

They are banking on ‘911’ calls and city/county EMS to do the job.

This brings up a point: Abortion clinics in Kentucky are not required to be licensed as ASCs. Since they are not ASCs with more stringent hospital standards, the TAs are essential to the current licensure standards. Are we willing to say that Medicaid rules that key in on saving money and the low numbers of potential fatalities should define the new standard?

But, why not require that any Kentucky abortion clinic be licensed as an ASC? Isn’t abortion a surgical procedure? Yes, of course.

There are two types of surgical abortion: aspiration abortion and dilation and evacuation (D&E - dismemberment) abortion. Women up to 14 to 16 weeks pregnant can have an aspiration abortion (except for the baby’s skull which may need to be crushed before aspiration). D&E abortions are performed at 14 to 16 weeks or after.

Gov. Beshear has issued a license for PP to begin doing abortions in March. This is not legal unless PP has a TA which has not yet been publicized.

If they do not have a TA, they will be operating illegally.

So, why does the Guttmacher.org website which favors abortion, claim that the “Transfer Agreement with Hospital” requirement in Kentucky is permanently enjoined and is not in effect?

The LawAtlas.org site, which pulls data from the internet, states that Kentucky Law does require TAs.

Pro-lifers have reason to think positive: Two of the three judges on the panel were appointed by President Trump. At the hearing last August, KRLA staff and friends heard their questions and thought they seemed genuinely impartial and willing to consider the importance of safety for the aborted woman.

If the Appeals Court reverses the District Court decision, as it did for Kentucky’s Ultrasound Law last year, then PP will be required to get TAs, as will EMW, or the case may be appealed to SCOTUS.

Like the Ultrasound Law, the TA Law does not oppose abortion. The former requires that the woman be informed and the latter that she be protected in the event of an emergency.


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
Eighth in a Series: Pro-life Laws Under Attack

A New Year’s Prediction: Perhaps the legal case against Kentucky’s Heartbeat and Anti-Eugenics Law will not be decided before Spring 2020.

In a document filed on December 16, 2019 by the Plaintiffs, it is revealed that an ‘En Banc’ review of Ohio’s Preterm-Cleveland v. Himes case has been granted by the Sixth Circuit Appeals Court. The Preterm-Cleveland case was cited by our attorneys in document 47 as relevant to Kentucky’s when Ohio appealed for a ‘full-bench’ (en banc) hearing after the Appellate Court upheld the preliminary injunction against it.

Some background

In 2018, the ACLU and Planned Parenthood of America filed a suit on behalf of several abortion clinics and their patients to challenge HB214, the Ohio law that prohibits abortion if based on a fetal diagnosis of Down syndrome. They argued that the law imposes an unconstitutional burden on patients seeking abortions. ReWire News reported:

On March 14, 2018, U.S. District Court Judge Timothy Black issued a preliminary injunction blocking the law, ruling that Planned Parenthood v. Casey and Roe v. Wade bars states from prohibiting pregnant people “from making the ultimate decision to terminate [their] pregnancy before viability.”

On October 11, 2019, the Sixth Circuit Court of Appeals affirmed the district court order blocking the law, ruling that it “unconstitutionally inhibits pre-viability abortions based on a woman’s reason for seeking abortion.” Ohio has sought a rehearing en banc.

Ohio’s request was granted on December 13, and the oral argument is scheduled for March 11, 2020. It seems likely that Judge Hale may wait for that opinion before issuing a decision on the Heartbeat and Anti-eugenics laws.

We await new documents to be filed, and will add a post to this series when that occurs.


KRLA Forum

breaking_news.png

Today, the U.S. Supreme Court rejected the challenge to Kentucky’s Ultrasound Law. “This is the best possible news defenders of life in the womb could receive! It is bad news for EMW Abortion facility and for Louisville Planned Parenthood,” stated KRLA President Diana Maldonado.

Thank you to Governor Matt Bevin for defending this law at the Appellate level and at the highest level. Tomorrow, Kentucky’s new Governor will be sworn in to office. Andy Beshear refused to defend the Ultrasound law when he was the Attorney General.

As reported by AP:

WASHINGTON (AP) — The Supreme Court on Monday left in place a Kentucky law requiring doctors to perform ultrasounds and show fetal images to patients before abortions.

The justices did not comment in refusing to review an appeals court ruling that upheld the law.

The American Civil Liberties Union had challenged the law on behalf of Kentucky’s lone remaining abortion clinic. The ACLU argued that “display and describe” ultrasound laws violate physicians’ speech rights under the First Amendment...

Read more.


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
Update 8-22-19: C-J's Deborah Yetter reports:

[In a motion on Wed., Aug. 21] Planned Parenthood is asking a federal judge to hold Gov. Matt Bevin and top state health officials in contempt of court over what it alleges are repeated violations of court orders regarding its effort to get a license to provide abortions in Louisville…

“It is clear," the motion said, "that the defendants are engaging in self-help by ignoring this court's orders in hopes of a win on appeal in the sixth circuit.”

Wednesday's motion is the second time Planned Parenthood has asked the court to hold the Bevin administration in contempt over its long-running battle to get the license. Read more

It seems obvious that Kentucky would engage in self-help by appealing the case to the Sixth District Court of Appeals after losing it in the lower court. That is standard procedure, so how could it be viewed as ‘contempt’?


The C-J reports:

The Bevin administration is once again blocking Planned Parenthood from having a license to operate an abortion clinic at its building in downtown Louisville… Planned Parenthood announced the decision in a release late Friday night…

Read more. Also see this related post.


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

The first “Baby Body Parts for Profit” video by David Daleiden and the Center for Medical Progress was released four years ago today.

The YouTube video exposé begins with a flashback to Connie Chung reporting on ABC’s 20/20 program: “Big money is being made from the sale of fetal body parts.” That was March 8, 2000.

Her statement was followed by Chris Wallace questioning Planned Parenthood president Gloria Feldt* about the practice. Feldt’s comment was: “Where there is wrongdoing, it should be prosecuted.”

As you can see from the narrative captured from the program, Wallace wants to know why a special syringe is used if a woman agrees to donate her fetus. Read the entire transcript here.

transcript20.png

The practice of changing the abortion procedure, lengthening it, to get fetal parts, was furthered confirmed by the Center for Medical Progress investigation. David Daleiden who had formerly worked for LiveAction followed the lead of 20/20.

The ABC exposé was nearly 20 years ago; Daleiden’s was in 2015. Yet, just last month on June 18, Lindsey Graham and Chuck Grassley sent a letter to AG Barr and FBI Director Wray, demanding to know what has become of the fetal tissue (used to be “fetal body parts”) probe. They set a deadline of July 2 to hear a response. That was almost two weeks ago.

Maybe this will be the day we find out if justice will be served to those who broke laws, profiting from sales of human body parts, changing abortion procedures, and breaking other applicable laws including:

  • Laws protecting human research subjects and patient privacy
  • Laws regulating anatomical gifts for transplantation, therapy, research and education
  • Laws protecting late-term and born-alive infants
  • Laws pertaining to public funding for fetal tissue research and abortion providers.

For any who desire to read more in retrospect, the following links are provided. We also want to note that this subject matter is strongly related to Dismemberment Abortion.

Rep. Tim Huelskamp is pushing for an end to Planned Parenthood’s harvesting of aborted baby body parts for sale | Breitbart.com 17 July 2015

Pelosi picks six strong abortion rights supporters for the GOP-led panel on Planned Parenthood, “setting up a showdown over the already-controversial probe” | TheHill.com 04 November 2015

Officials from California Attorney General Kamala Harris’ office – a longtime financial supporter of Planned Parenthood – ordered a search of Daleiden’s apartment… | Breitbart.com 06 April 2016

On October 7, 2015, the U.S. House of Representatives passed H. Res. 461, which created the Select Panel on Infant Lives and empowered the panel to investigate issues including “Federal funding and support of abortion providers,” as well as all “relevant matters with respect to fetal tissue procurement.” The Panel Chairman, Congressman Marsha Blackburn, has scheduled a hearing to explore information about the pricing of the tissue and whether abortion clinics and middleman businesses were making a profit from the transfer of fetal tissue. | Docs.House.gov (date .Pdf posted not known)

The Select Investigative Panel on Infant Lives Final Report (commentary) | ConcernedWomen.org 21 February 2017 | The 470-page Report

Trump Admin Cancels FDA Contract to Purchase Body Parts of Aborted Babies for Tax-Funded Research | LifeNews.com 25 September 2018

Trump’s NIH to spend $20 million “to develop or further refine ethical alternatives to fetal tissue research” | NationalRightToLifeNews.org 11 December 2018

NIH Director: Aborted Fetal Tissue Will ‘Continue to Be the Mainstay’ for Research | Breitbart.com 18 December 2018

President Trump Cancels $2 Million Contract to Purchase Body Parts of Aborted Babies for Research | LifeNews.com 05 June 2019

Lindsey Graham-Chuck Grassley questions to AG Barr and FBI Director Wray | Judiciary.Senate.gov 18 June 2019

* Gloria Feldt was PP president from 1996-2004. “When Feldt became president in 1996 Planned Parenthood’s abortion income was about $50 million. In 2004 the abortion income rose to $104 million. In 1996 abortion accounted for 27.6 percent of clinic income. At the end of her tenure it accounted for more than 36 percent of clinic income. During Feldt’s presidency, however, affiliates across the country dropped from 147 to 122 and clinics dropped from 938 to 850.” View more.



Posts on this page

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Legislators merge HB451 with SB9 at the last moment of 2020 Session
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How many Transfer Agreements are required by Kentucky Law for licensure of an abortion clinic?
2/1/2020 2:47:39 PM
C-J reports that Planned Parenthood will begin doing abortions in Louisville in March
12/26/2019 8:46:15 PM
The preliminary injunction against Ohio law (HB214) to disallow abortion if based on Down syndrome prognosis, could be reversed.
12/9/2019 5:51:25 PM
Supreme Court rejects ACLU challenge to Kentucky’s Ultrasound Law
10/1/2019 3:15:18 PM
Wrap Up of 2019 KRLA State Conference - Part 2
8/17/2019 5:29:23 PM
Planned Parenthood has a large, new building in Louisville but not many customers.
8/9/2019 3:06:20 PM
Transfer agreements law appealed in Sixth District Court
7/14/2019 10:30:12 AM
July 14 marks the four-year anniversary of the Center for Medical Progress expose of Planned Parenthood abortions for body parts

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A Ryan Bomberger Meme. Click to read about President Trump's website to counter social media censorship.