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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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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
Attorney General Daniel Cameron | March 27, 2020 | Kentucky.gov

Statement from Attorney General Cameron Regarding the Continuation of Abortions During the COVID-19 State of Emergency

FRANKFORT, Ky. (March 27, 2020) — Attorney General Daniel Cameron today released the following statement regarding Kentucky’s abortion providers continuing to perform abortions during the COVID-19 pandemic.

Today, I’m calling on CHFS Acting Secretary Eric Friedlander to certify, pursuant to KRS 15.241, that Kentucky’s abortion providers are violating his ban on elective medical procedures during the COVID-19 pandemic by continuing to perform abortions. Kentucky’s current ban on elective medical procedures exists to further the mandated policy of social distancing and to help conserve medical resources for use in fighting COVID-19.

Acting Secretary Friedlander is on the front lines of fighting the COVID-19 pandemic, and I am confident that he understands, better than anyone, the necessity of ending abortion procedures during this health crisis. His certification will immediately trigger action by our office to stop elective procedures during the pandemic.

Abortion providers should join the thousands of other medical professionals across the state in ceasing elective procedures, unless the life of the mother is at risk, to protect the health of their patients and slow the spread of the coronavirus.

On March 14, Governor Beshear recommended that hospitals cease performing elective procedures. Subsequently, on March 23, Acting Secretary Friedlander ordered all “non-emergent, non-urgent in-person medical, surgical, dental, and any other healthcare practice or procedure” to cease. As explained by Acting Secretary Friedlander, the outbreak of COVID-19 is “a public health emergency.” Therefore, “[a]ggressive social distancing measures have been mandated by emergency order as a necessary measure to limit and contain the spread of the COVID-19 infection.”

For more information, contact Elizabeth Kuhn, 502-696-5300.


Ky. Revised Statute 15.241 states: The Attorney General, upon certification by the secretary of the Cabinet for Health Services, shall seek injunctive relief in a course of proper jurisdiction to prevent violations of the provisions of KRS Chapter 216B regarding abortion facilities or the administrative regulations promulgated in furtherance thereof in cases where other administrative penalties and legal sanctions imposed have failed to prevent or cause a discontinuance of the violation. (Effective: July 15, 1998, amended 2005)

It is KRLA’s understanding that if there are violations and the (acting) secretary certifies, then the AG is required to seek injunctive relief. If there are violations and the (acting) secretary does not certify, the AG has discretion whether to seek the relief.

HB451 would further amend KRS 15.241 “to seek injunctive relief as well as civil or criminal penalties for violations of KRS Chapter 216B relating to abortion facilities and KRS 311.720 to 311.830 relating to abortions; provide that, in the absence of certification, the Attorney General may seek injunctive relief as well as civil or criminal penalties.”

The next date that the General Assembly will convene is Wednesday, April 1. We believe our pro-life legislators will pass HB451. But would Gov. Beshear sign it into law?


KRLA Forum
by Margie Montgomery, KRLA Executive Director

At my desk after a radio interview today, I saw I had a message in the form of a short video on my cell phone. Oh, who’s that crawling on the polished walnut floor? Is it — yes, it’s a baby … looks like a baby about eight months old, with curly dark hair and a lot of determination. Is it ‐ yes, it is, it’s Irene, my latest great grandchild, and that sounds like her mom speaking to her and working from home during these critical days of the coronavirus stay-at-home routine.

How precious! And then that terrible reminder hit me again: that our Governor’s executive order is being ignored — that all non-essential and elective surgeries be canceled.

According to an article in the 3/23/2020 Courier Journal, his mandate appears to permit abortion (—an elective surgical procedure—) by giving providers “discretion” on what services to cancel, though it halts most “non-urgent, in-person” services. It further states that EMW Women’s Surgical Center in Louisville, the state’s only abortion clinic, plans to continue providing abortions.

As I looked at baby Irene again and visualized the hundreds upon hundreds of infants who lose their lives in brutal manners at this abortuary and so many more throughout our land, I fought the urge to scream! These providers ignore the directives of governors and attorney generals across the U.S., and confirm their facilities are still doing abortions!

A spokesperson for the ACLU, which represents the EMW, is quoted in the C-J article, “Abortion care is necessary and cannot be delayed without creating risks to patients’ health… As such, EMW is continuing to provide care, while abiding by all recommended measures to ensure patient safety.”

Handwashing aside, we have heard and witnessed testimonies from hundreds of women that their abortions were very unsafe.

What is also infuriating is that hundreds of Kentuckians are asking elected officials, whose responsibility is to protect tiny human lives, why these killing centers are getting a pass at this critical time, but the pro-lifers receive no response. Example: The following email shared with me was sent to Governor Andy Beshear this past week by an outraged pro-lifer at this miscarriage of justice, but it was not acknowledged.

Abortion is NOT essential. Abortion, killing of babies, a 99% non-therapeutic procedure, shouldn’t be going on in Louisville at the EMW chamber on Market Street in this extraordinary COVID 19 outbreak!

You order businesses to shut down because of the pandemic, yet permit Kentucky’s only killing center to operate as usual and potentially spread the virus further in our community.

Do something now! Lead by demanding this unnecessary business cease operating!

You can email the governor from this webpage, and the attorney general by clicking here.

Or, if you prefer, write a letter:
The Honorable Andy Beshear
Governor of the Commonwealth of Kentucky
700 Capitol Avenue, Suite 100
Frankfort, KY 40601


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

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.



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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

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Louisville, KY 40207

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