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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
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.


KRLA Forum

In the going-on-nearly-three-years legal challenge to Kentucky’s Ultrasound Law (HB2) of 2017, a new document was filed in late October. Due to the General Election focus, we initially missed this announcement by Gov. Bevin.

Plaintiffs did not accept the victory for the Ultrasound Law that the Sixth Circuit Appeals Court handed down last April, and asked the Court for an “en banc” review of the decision. The Court declined, so Plaintiffs asked SCOTUS to issue a Writ of Certiorari. That would force the entire “bench” of the Sixth Circuit to review the decision.

The attorneys in Bevin’s Administration and the Kentucky Cabinet for Health and Family Services who are defending the law, since AG Beshear refused to, filed an opposing brief in late October, asking that the petition for the Writ be denied. Their brief delineates the issue:

The “Question Presented” that is viewed as requiring “better judgment” is: Whether the Free Speech Clause of the First Amendment prohibits the Commonwealth of Kentucky from regulating the practice of medicine by requiring a medical professional, prior to performing a medical procedure, to provide the patient with information that is truthful, non-misleading, and relevant to the procedure.

Kentucky’s 33-page brief explains why there is no Circuit conflict over the question and no recurring question it needs to resolve, and that the Appeals Court ruling is correct.

They point out that the petitioners (EMW) argue that HB2 is not an informed-consent law. They say a disclosure requirement cannot be considered valid unless it is consistent with the informed-consent preferences of special interest groups like the National Abortion Federation and American College of Obstetricians and Gynecologists.

The link to the brief is in the bulletin from Gov. Bevin, shared above.

Our pro-life attorney team has done a superb job of summing up for SCOTUS what is going on in the case. But, with the General Election results, will this wonderful team be in place to address any new challenges? If not, we want to again commend them for their dedicated work to save lives. If AG-elect Daniel Cameron is called on to complete their work, we wish him Godspeed.

Cameron has appointed Steve Pitt, Gov. Bevin's General Counsel, as his counsel and special advisor. Attorney Pitt served as chief litigator for Kentucky's Defense against the legal suits challenging our pro-life laws.


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.



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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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