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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.

KRLA Forum

The Dismemberment Abortion bill that became law in spring 2018 is still in the court system. After being overturned at the District Court in Louisville last May, it was appealed to the Sixth Circuit Court. In mid-September, a flurry of Amicus Briefs were filed on behalf of EMW.

During the trial in Louisville, Defense (Ky) had argued that three methods could be used for humane fetal demise in place of tearing limbs off babies while they are alive. Plaintiffs vigorously argued that none of those— the KCl injection, Digoxin injection, nor the umbilical cord transection— was suitable, for numerous reasons. The Amicus briefs uphold the court arguments.

The first Amicus was submitted by:

  • THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS (ACOG)
  • THE AMERICAN MEDICAL ASSOCIATION (AMA)
  • THE NORTH AMERICAN SOCIETY FOR PEDIATRIC AND ADOLESCENT GYNECOLOGY (NASPG)
  • THE NATIONAL ASSOCIATION OF NURSE PRACTITIONERS IN WOMEN’S HEALTH (NPWH)
  • THE AMERICAN COLLEGE OF NURSE-MIDWIVES (ACNM) and
  • THE AMERICAN COLLEGE OF OSTEOPATHIC OBSTETRICIANS AND GYNECOLOGISTS (ACOOG)

Whew! That’s a lot of friends. If only these associations were friends of humankind, born and unborn.

They argue that the Commonwealth’s proposed demise methods are invasive, additionally risky, medically unnecessary, experimental, and unreliable, among other points. All of these were refuted by the Defense during the trial.

The second Amicus was submitted by numerous states, including:

  • NEW YORK, CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, HAWAI‘I, ILLINOIS, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEVADA, NEW MEXICO, OREGON, PENNSYLVANIA, VERMONT, VIRGINIA, and WASHINGTON, and the DISTRICT OF COLUMBIA

This brief has a number of undue burden reasons.

The third was submitted by the

  • SOCIETY FOR MATERNAL-FETAL MEDICINE

Sounds so motherly.

Its main point is that the Potassium Chloride (KCl) injection method is not feasible in an abortion clinic. This was also refuted during the trial.

For background on this case, see here. An Amicus was filed by 16 states on behalf of Kentucky last July.


KRLA Forum

Kentucky’s Dismemberment Abortion law that passed during the spring 2018 legislative session was blocked by the ACLU on behalf of the EMW Clinic. Background on case is here.

A bench trial to litigate the suit took place last November, and the May 2019 verdict was favorable to the EMW. The Bevin Administration appealed the case to the Federal Appeals Court in Cincinnati.

During the November trial in Louisville, the ACLU attorneys argued that Dilation & Evacuation (dismemberment) surgical abortion was the safest method. The state argued that digoxin, a drug that can be injected into the fetus to humanely end its life without pain, is also the safest method for the woman. D&E abortion requires many passes into the woman’s birth canal to grab and tear apart the limbs and torso of the live fetus.

Last week during the ‘historic criminal preliminary hearing’ for David Daleiden and Sandra Merritt regarding their investigative work that led to publishing YouTube videos to expose the sale of baby body parts, one doctor has testified that “didged babies delivered after days lying dead in the womb weren’t suitable [for baby parts].” This obviously can lead to testimony that procedures were altered to gain parts.

As well, the CEO of StemExpress admitted in court Thursday that her biotech company supplies beating fetal hearts and intact fetal heads to medical researchers. She had admitted at the preliminary hearing that the baby’s head could be procured attached to the baby’s body or “could be torn away.”

The videos that expose StemExpress are still on the CMP YouTube channel (one is below). Links to all the PP videos that had been removed for a time are provided in this LifeNews article.


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The Supreme Court rejected Alabama’s Appeal to revisit D&E abortion and ban it, but if Kentucky’s current appeal at the Sixth Circuit Court fails, could SCOTUS view this issue in a new light?

An excellent Friend of the Court brief has been filed by 16 states in support of Kentucky’s Appeal to reverse the District Court decision not to uphold HB454, our law banning Dismemberment Abortion.

Brief background:

HB 454, which bans the brutal and grotesque practice of live dismemberment abortions, was passed by the 2018 Kentucky General Assembly with overwhelming bipartisan support from legislators and signed into law by Gov. Bevin. The ACLU and a Louisville abortion clinic quickly challenged the law, and a U.S. District judge in May ruled in their favor.

The attorneys general of Ohio, Alabama, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, Oklahoma, South Carolina, Tennessee, Texas and West Virginia argue that the Sixth Circuit should reverse the District Court's erroneous opinion.

In their brief, the attorneys general assert that the District judge's ruling “misapplied the law in three ways”: 1) HB 454 does not place an undue burden on women seeking an abortion, 2) it does not place an undue burden on abortion providers, and 3) it should not have been struck down in its entirety by the lower court. (emphasis added)

Read more.

Read the Amicus Brief here.

Recently, SCOTUS declined to review the Alabama Dismemberment Abortion case. Judge Clarence Thomas joined the progressives on this vote and noted in his concurrence: “Although this case does not present the opportunity to address our demonstrably erroneous ‘undue burden’ standard, we cannot continue blinking at the reality of what this Court has wrought.“

Judge Thomas pointed out that in previous rulings SCOTUS has given credence to abortion providers’ claims that other methods of abortion are too risky. Court precedents are roadblocks. The Alabama case did not present a way to re-argue the precedent.

Though the Alabama and Kentucky cases are very similar, the Amicus Brief on behalf of Kentucky’s law highlights the ‘undue burden’ legal hitch— Attention Judge Thomas!

KRLA staff and friends sat through the HB454 trial proceedings. We know that our state attorneys presented excellent arguments for why other methods of abortion are in fact LESS risky than D&E, since D&E requires MANY passes into the woman’s birth passage to grab and tear apart the baby’s limbs, whereas a single injection of digoxin will end the life of the fetus. No need to insert steel instruments into the woman’s body numerous times, risking injury to the uterus and more.

Somehow there was no time allotted for Kentucky’s expert witness who came to explain the needle guide that makes the digoxin injection simple and very safe. Our lead attorney Stephen Pitt strenuously objected. The Judge agreed his written testimony could be included in the summary filed following the trial.

So, should Kentucky’s HB454 case need to be appealed to SCOTUS, we believe that Judge Thomas and others may see a reason to revisit the ‘undue burden’ issue. Perhaps the confusion of the numerous suits and rulings have numbed all of us to the real issue at hand.

For any who may want to review the pro-life legislation that SCOTUS has considered since the appointment of Kavanaugh, see here.


KRLA Forum

An article in the NRLC online news last Thursday (7/18/19) stated that Indiana’s Attorney General will take a different route to salvage their state law banning Dismemberment Abortion.

Three days before the law would have taken effect, Indiana Southern District Sr. Judge Sarah Evans Barker issued an injunction against it on legal order of the ACLU. The ACLU is representing a doctor who performs D&E abortions at two hospitals in Indianapolis.

In a strategic decision, Indiana Attorney General Curtis Hill announced Wednesday that rather than appeal a federal judge’s order blocking the state’s ban on dismemberment abortion from going into effect, his office will proceed to summary judgment.

Indiana’s AG is contending that there are no issues of material facts, and applicable law requires that the legislation be upheld. He is asking, Why can’t this law be upheld? What is illegal about it? He wants the injunction removed.

We’re watching to see what happens next!

In the course of Indiana’s committee hearings about the law a Ft. Wayne physician testified that he never heard of a legitimate medical reason to do the procedure (D&E). He said that Hoosiers would be outraged if something similar was done on animals.


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.



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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

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