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STORY OF THE WEEK

Urge your House Member to sign the discharge petition to force a vote on the “Born-Alive Abortion Survivors Protection Act” (H.R. 962)!

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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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Second in the Amici series

In Kentucky, TAs were signed into law in 1998. Read the law here. It basically states that abortion clinics must have a written agreement with an ambulance service and an acute-care hospital to accept and treat the clinic’s patients who have complications requiring emergency help. NOTE: This law is to save the lives of women AFTER they have exercised their constitutional right to get an abortion.

When Gov. Bevin took office a member of his staff discovered that the Transfer Agreements of Kentucky’s abortion clinics were not lawful. They had been contracted with a department of a hospital and not with the hospital itself. The clinics were given time to correct the oversight. Meanwhile the EMW clinic in Lexington was shuttered by the Bevin administration for its unhealthful environment, even though it did have a TA with U of K Hospital.

When the clinics did not correct their TAs, the state acted to prevent them from providing abortions services but it was ruled that EMW should remain open since it would be the state’s only abortion clinic. PP had only begun to do abortions in its clinic in Louisville.

In the spring of 2017, PP and EMW sued Kentucky to overturn the law requiring TAs. In early September the case went to court and was heard by Judge Greg Stivers who ruled the following September (2018) that the Plaintiffs, represented by the ACLU and others, were in the right. Kentucky was ordered to pay all attorneys’ fees and costs which were $512,384.50 and $22,210.69, respectively, which Judge Stivers found to be reasonable.

Gov. Bevin’s administration appealed the verdict to the Sixth Circuit Court of Appeals where it currently awaits judgment, as previously noted.


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First in the Amici series

To defend the pro-life laws passed by the Kentucky General Assembly, Governor Bevin has called on his General Counsel Steve Pitt, Deputy General Counsel Chad Meredith, and his Secretary of the Cabinet for Health and Family Services, Adam Meier, and that cabinet’s attorneys. All these were commended during the 2019 General Assembly.

Though defending the laws of Kentucky is the job of AG Andy Beshear, he and his attorneys are instead working to overturn them!

Boom.

On April 3rd, AG Andy filed an Amicus Brief in support of Planned Parenthood and the EMW clinic in their case against the state of Kentucky regarding Transfer Agreements (TAs). It has been endorsed by 20 states who are Beshear’s amici (friends).

The brief is co-signed by certain of his staff members: J. Michael Brown, Deputy Attorney General; La Tasha Buckner, Assistant Deputy Attorney General; S. Travis Mayo, Exec. Dir., Office of Civil and Environmental Law; and Sarah Ellen Eads Adkins and Marc G. Farris, Assistant Attorneys General.

The TAs case is currently in the Sixth Circuit Court of Appeals awaiting judgment. So, these employees of our state are supporting those who are suing our state.

The Brief states two arguments:

1. Defendants May Not Rely On Another State To Protect Women’s Fourteenth Amendment Right To An Abortion
(You may wonder: What is a woman’s 14th Amendment right to an abortion? After the Civil War a 14th amendment was added to the Constitution: “No State shall ... deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” It was to assure civil rights for former slaves. Somehow Roe v. Wade framed it to mean that its Due Process Clause includes an implicit "right of privacy" that encompasses a right to abortion. (ref)

2. The Emergency Regulation And The Bevin Administration’s Conduct Had The Purpose And Effect Of Depriving Women Of Their Constitutional Right.
    A. The Bevin Administration unduly burdened women seeking to exercise their constitutional rights
    B. The Emergency Regulation provides no benefit to clinic patients.

We will take a look at AG Beshear’s Amicus Arguments and the topic of TAs, with this article being the first in a series of six blog posts.


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by Schu Montgomery

schu montgomeryHundreds of thousands of hard-working Kentuckians who still uphold the sanctity of life and dream of the day when our government returns to protecting the preborn commend Gov. Matt Bevin and the Kentucky General Assembly for doing all they can to save the lives of unborn children and spare women from a lifetime of psychological and emotional pain, not to mention serious health risks, that do result from abortion.

Kim Greene, a board member at Planned Parenthood of Indiana and Kentucky Inc., and other abortion supporters refuse to acknowledge the undeniable fact that every abortion tears apart or poisons a preborn child and is, therefore, inhumane and unjust. Read more.


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UPDATE | 4/8/19 —A friend on Facebook has pointed out that the Ultrasound Law Appeal Victory is for humanity, morality and for those babies whose lives will be saved— not for a state administration. Good comment! For all who will be helped by this law, we are happy and relieved at this critically important turn of affairs. READ MORE.

The Sixth Circuit Court of Appeals has upheld the constitutionality of the Kentucky law that requires a doctor to show the patient her ultrasound prior to the abortion.

"Bevin’s office called it “a major pro-life legal victory” and said it was a historic day." Read more. Pray for more victories in the court system!

This Appeal’s result shows the importance of having conservative judges. Judge John K. Bush who previously was in private practice in Louisville, Ky., and was president of the local branch of the Federalist Society, wrote the decision. He was appointed to the 6th Circuit Court of Appeals by President Trump. He was joined by Judge Alan E. Norris, appointed by Ronald Reagan, for the 2-1 victory. Thus, we watch with extreme interest Sen. McConnell’s recent move to change the Senate parliamentary procedure that now limits confirmation debate on judicial and executive branch nominees to just two hours, down from the previous 30. Read more.


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An Amicus Curiea of 16 states was filed last month in support of Kentucky’s appeal to overturn the ruling on Transfer Agreements (TA). The TA ruling was made by Judge Greg Stivers in 2018 and then appealed to the 6th U.S. Circuit Court of Appeals by Governor Bevin’s administration.

The purpose of the TA is to assure that women who incur life-threatening injury in the course of having an abortion will be transported swiftly to a hospital. See the law here that was passed in 1998. See here for background on the legal suit.

Planned Parenthood recently filed a motion stating that Kentucky is in contempt of court “for what it calls the deliberate obstruction of its effort to get a state license for an a second clinic in Louisville.” (ref) PP does not believe Kentucky has grounds to refuse to license a second clinic in Louisville since the TA case was decided in October 2018. However, the case is still under appeal, and the Amicus Curiea will be good support for it.

As well, if the Born-Alive Abortion Survivors Protection Act should pass, whether on the national or state level, this would require TAs in all abortion clinics. The House in D.C. has not permitted the bill to be voted on, and we will find out some time today if Kentucky's SB 227 will become law. SB 227 is called the Born Alive Infant Protection Act. Today is the last day of the 2019 Ky. Legislative Session.



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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
fax (502) 895 7028