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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

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

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

An Amicus Brief was posted on the Supreme Court docket website on Feb. 4 seeking clarification on the question:
Whether a state ban on dismemberment abortions is unconstitutional where there is a reasonable medical debate that alternatives to the banned procedure are safe

Gov. Matt BevinThe Brief is presented through Governor Bevin as “Amici Curiae Supporting Petitioners.” Bravo Governor Bevin!

The Brief ends by asking SCOTUS to reverse the lower court decision of the Eleventh Circuit that overruled Alabama’s passage of a Dismemberment Abortion law in 2016. The lower court ruled it an unconstitutional ban on the D&E procedure.

Other states including Kentucky have passed the same legislation, namely Louisiana, Arkansas, Kansas, Mississippi, Ohio, Oklahoma, Texas, and West Virginia. Even more states are listed as petitioners in the Amicus Brief, including Arizona, Florida, Georgia, Idaho, Indiana, Missouri, Montana, Nebraska, N. Dakota, S. Carolina, S. Dakota, and Utah. There is strength in numbers!

The Brief contends:

The question presented in this case goes to the heart of the States’ authority to regulate abortion. This Court has held that States (1) have an interest in protecting and fostering respect for human life, including unborn life, and (2) have the power to regulate the medical profession, including on matters of medical judgment and ethics connected to abortion. See Gonzales v. Carhart, 550 U.S. 124 (2007). As a result, not only may States prohibit specific abortion procedures that threaten to erode respect for life, but they may balance any related medical tradeoffs when they do so, on condition that they do not unduly burden the decision to obtain an abortion. Id. Although the decision to obtain an abortion has been constitutionally protected, access to a particular abortion method — even a method favored by abortion providers — is not.

The request spotlights the legislation as pro-human dignity rather than pro-life. It does not prevent abortion. This is the unconscionable pass at which we find ourselves today. Regaining ground is the objective of this challenge to the court decision.

…In requiring fetal demise before dismemberment, amici do not intend to sanction either abortion generally or the dismemberment procedure in particular. They regret that Supreme Court precedent places them in the incongruous position of advocating for fetal death as a less brutal, more humane alternative to a procedure that should have no place in a civilized society. But at a minimum, amici strongly support the authority of States to protect both unborn life and human dignity in that small way. Amici thus have an interest in ensuring courts recognize that authority and scrutinize it under the appropriate standards.

Read more on the NRLC news.



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