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yawning infant

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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KRLA Forum

supreme court to hear ky case

FRANKFORT, Ky. (October 30, 2020) – Attorney General Daniel Cameron today filed a petition for a writ of certiorari before the United States Supreme Court asking the court to hear the ACLU’s challenge to Kentucky’s live dismemberment abortion law (House Bill 454). The law, passed by the General Assembly in 2018, prohibits abortionists from performing gruesome Dilation and Evacuation procedures (D&E) on a living unborn child.

Read more.


KRLA Forum

The KRLA PAC ALERT Voter Guide has only three recommendations on judges. A short bench! It can be hard to discover whether or not a judge is pro-life.

A judge must run as a non-partisan, so unless we hear from a person who knows them or knows someone who does, or the candidate makes it clear, we cannot know their views on the sanctity of life. Likewise, KRLA cannot endorse any judge due to the non-partisan nature of the race. We only recommend when we have trusted information. Let us know when you have a tip! We will verify your information.

All judges’ positions in Ky are elected offices, but if a judge departs a seat before the end of the term, the new U.S. District or Appeals Court judges will be appointed by the U.S. president, and the Ky Supreme Court, Court of Appeals, Circuit Court, Family Court or District Court vacancies will be filled by appointment of the governor. Their nominations or appointments are based on lists received from the judicial nominating commissions.

Ky has an Eastern and Western district plus a temporary judge who can serve if a sitting judge becomes disabled. There are seven Supreme Court and Court of Appeals districts, 57 circuit court districts and 60 Judicial districts. The graphic shows the seven districts of Ky’s Supreme and Appeals Courts.

seven districts of ky supreme and appeals courts

The candidates recommended in the PAC ALERT include:

DistrictDivisonJudge CandidateBench Seat
7 Robert B. ConleySeeking to become an Eastern District Judge on Ky’s Supreme Court
11Jenny HinesRunning for a seat on the Ky Court of Appeals
281Teresa WhitakerRunning for Circuit Judge

Robert Conley’s opponent, Rep. Chris Harris (D-93), is stepping down from the Ky House to run for the Supreme Court position, recruited by Gov. Beshear. Jenny Hines’ opponent, Chris McNeill, was appointed to the seat by Gov. Beshear earlier this year.

The Ballotpedia states that Whitaker’s opponent, Walt Maguire, was a family court judge for the 28th Circuit who retired on June 30, 2013. The Somerset, Ky online newspaper reports: A local retired judge is seeking an opportunity to return to the bench… Maguire acknowledged… “I’m not signing on for eight years, but I just like being involved in trying to make a difference in our communities in a positive, constructive, traditional way.” So, voting for Maguire is voting for the person who will succeed him by appointment.

Judges make so many important decisions; holding a high view of human life is essential to their role in society.

Ky has rarely had a helpful verdict in the Western District Court that hears the legal cases relating to the pro-life laws passed by our Legislature. An interesting article on the judicial role in deciding the “times, places and protocols” for congressional elections is here.

Your ballot will feature a question: Are you in favor of changing the term of Commonwealth’s Attorneys from six-year terms to eight-year terms starting in 2030, changing the terms of judges of the district court from four-year terms to eight-year terms beginning in 2022, and requiring district judges to have been licensed attorneys for at least eight years beginning in 2022 by amending the Constitution of Ky?

How will you mark your ballot?


KRLA Forum
UPDATE: October 9, 2020 | LifeNews.com

Supreme Court Denies President Trump’s Request to Stop Selling Dangerous Abortion Pills by Mail

The U.S. Supreme Court rejected an emergency appeal Thursday to require the abortion industry to follow federal safety regulations when it sells abortion drugs to women.

The justices’ decision not to rule immediately on the Trump administration’s appeal means abortion facilities may continue to ignore Food and Drug Administration safety requirements for the abortion drug mifepristone, or Mifeprex.

Read more.


No pro-life litigation will come before the Supreme Court this quarter*, however, an unresolved issue could be settled soon. The issue is the abortion pill and how to prescribe it. Unbelievable though it may seem, the ACOG (American College of Obstetricians and Gynecologists) is not opposed to women aborting themselves with pills that they order online, following online consultation, but no visit, exam, guidance or communication with a doctor in person. There are rational and serious objections to this. See here and here.

For this to be legalized, the FDA REMS (Risk Evaluation Mitigation Strategy) that requires the abortion pill to be dispensed only in clinics, must be overturned by SCOTUS.

Nevertheless, in a new development, on Sept. 30 it was reported that the Honeybee Health online pharmacy is now “distributing abortion pills directly to patients within the country by mail, now legal [ed: really?] because of a recent federal court ruling… While (District Court Judge) Judge Chuang’s ruling only extends to patients seeking care during the COVID-19 health crisis plus 30 days, and the Trump administration is appealing the injunction to the U.S. Supreme Court, this window of opportunity is proving the viability of a new model of abortion health care.”

Why wait for SCOTUS? The Rule of Law continues to be ignored by those who believe they are a law unto themselves.

*Facts change quickly. See this article for possible abortion case for SCOTUS this quarter.


KRLA Forum

The Ky House Districts are apportioned based on population. Our state representatives speak for an average of 43,394 residents. The number is the population of Ky (2010 US Census) divided by 100.

Let’s look at the districts of Ky’s most populous cities, Louisville and Lexington. Eleven in Jefferson County are dead races.

DistrictRegionRepublicanOpponentsComment
28Jefferson-part Charles Miller (D)NO CONTEST
29Jefferson-partKevin BratcherSuzanne Kugler (D)Kevin is the incumbent
30Jefferson-part Tom Burch (D)NO CONTEST
31Jefferson-part Josie Raymond (D)NO CONTEST
32Jefferson-partG. Hunt Rounsavall Jr.Tina Bojanowski (D)Tina is the incumbent
33Jefferson-partJason NemesMargaret Plattner (D)Jason is the incumbent
34Jefferson-part Mary Lou Marzian (D)NO CONTEST
35Jefferson-part Lisa Willner (D)NO CONTEST
36Jefferson-partJerry T. MillerJeff Grammer (D)Jerry is the incumbent
37Jefferson-partJimmy MaricleJeffery M. Donohue (D)Jeffrey is the incumbent
38Jefferson-part McKenzie Cantrell (D)NO CONTEST
40Jefferson-part Nima Kulkarni (D)NO CONTEST
41Jefferson-part Attica Scott (D)NO CONTEST
42Jefferson-part Reginald Meeks (D)NO CONTEST
43Jefferson-part Pamela Stevenson (D)NO CONTEST
44Jefferson-part Joni Jenkins (D)NO CONTEST
46Jefferson-partBob DeVoreAlan Gentry (D)Alan is the incumbent
48Jefferson-partKen FlemingMaria Sorolis (D)Maria is the incumbent

In Fayette Co., three of nine candidates are unopposed.

DistrictRegionRepublicanOpponentsComment
39Fayette-partMatt LockettCarolyn Dupont (D)Seat previously held by Russ Meyer (D)
45Fayette-partKilian TimoneyShirley Mitchell (D)Seat previously held by Stan Lee (R)
56Fayette-partDaniel FisterLamar Allen (D)Seat previously held by Joe Graviss (D)
62Fayette-partPhillip PrattDavid Mayo (D)Phillip is the incumbent
75Fayette-part Kelly Flood (D)NO CONTEST
76Fayette-part Ruth Palumbo (D)NO CONTEST
77Fayette-part George A. Brown, Jr. (D)NO CONTEST
79Fayette-partJon LarsonSusan Westrom (D)Susan is the incumbent
88Fayette-partAaron YatesCherlynn Stevenson (D)Cherlynn is the incumbent

So, let’s see who we can help. The KRLA Endorsed candidates are BOLDED. Those Recommended are BOLD and ITALIC. Please refer to the KRLA PAC Alert for notes on those not coded. We realize as well that some with pro-life views may not have submitted the KRLA survey for various reasons. It is very challenging to run a campaign with limited help and resources.

In the races, we find Kevin Bratcher, D-29, opposed by Suzanne Kugler, a democrat with goals for more fairness— though not for the pre-born. On her Twitter page she re-tweets Emerge Kentucky’s tweets. See more about Emerge-Ky here.

Jason Nemes, D-33, is facing Margaret Plattner, a former CEO of Planned Parenthood of Louisville and “global thinker” (from her resume) who supports United Nations’ initiatives such as the CEDAW, which KRLA and Louisville RTL actively opposed when the Louisville Metro Council proposed its endorsement.

Jerry T. Miller is running as an incumbent in D-36 which has a majority of Republicans. He serves on the Pro-life Caucus, a committee of the Ky General Assembly. His opponent is part of the coalition encompassing numerous causes relating to Democratic control of Ky and the US, which equates to aggressive abortion goals.

Jimmy Maricle is new to the candidate scene. He is running against Jeffrey Donohue (D) in D-37 which is heavily Democratic. It’s a bold move for Mr. Maricle— Let’s get out the vote for this soldier. Rep. Donohue vigorously opposed the passage of HB 67 last spring.

Bob Devore faces incumbent Alan Gentry in D-46. Find some of Bob’s goals here.

An interesting race is for D-48 which includes Prospect and other areas that were lost to a pro-abortion candidate in the Senate District 26 Special Election in June. The incumbent, Maria Sorolis, won by 326 votes against Ken Fleming in 2018. But Ken bested Maria by a sizeable margin in 2016. What happened? Maria is an Emerge-Ky candidate.

She was absent from the vote for SB9 (Born alive) last spring. In 2019 she voted AGAINST ALL FOUR PRO-LIFE BILLS which were passed into law by Gov. Bevin. Why not volunteer to walk your neighborhood for Ken, a tested and proven pro-lifer?!

In Fayette County, Lamar Allen (D) will face Dan Fister, a super pro-lifer. Other ENDORSED candidates are: Matt Lockett, Phillip Pratt and Aaron Yates.

By referring to the PAC ALERT Voter Guide, you will note that for the most part, the Democrat candidate does not respond to the PAC questionnaire. On the candidate website there may be reference to the abortion issue, but we rely on the questionnaire which is a thorough vetting of the candidate’s views.

Signing a survey that clarifies how a candidate will vote when the time comes, is what matters, along with other evidences. A person with some pro-life views may waffle at the critical moment, believing that the woman must have choices, and it is enough to simply reduce the number of abortions. This is NOT a pro-life perspective! Our endorsements state the case.

At this time, Ky’s largest cities are pro-abortion strongholds. With Gov. Beshear in office, it is likely that more abortion clinics will open.

Let’s do all we can to help elect pro-lifers. Walking your neighborhood is a great way to support a candidate. According to the Ky COVID19 website, it is mandatory to wear a face mask outdoors when you cannot maintain a physical distance of six feet from all individuals who are not members of your household (etc). The guidance says that a mask can be removed in some cases.

Don’t let COVID rules prevent your participation in actively supporting pro-life candidates! Let’s roll and let’s walk!

Last but not least! An ENDORSEMENT of Louisville Metro Council Member Marilyn Parker, D-18, is here. As noted above, a few slips may occur in coordinating the PAC ALERT Voter Guide despite our best efforts or due to a candidate’s lack of response though they may be pro-life.


KRLA Forum
UPDATE Monday, Sept. 28, 2020

Meet Amy Coney Barrett


In the midst of COVID19, lockdowns, murders, natural disasters, violent protests, shuttered businesses, unemployment, demonstrations against Senator McConnell and AG Cameron for their roles in facilitating the rule of law— let’s be thankful that:

✓ President Trump plans to nominate a justice to replace RBG on Saturday, 9-26-20.

✓ Christians will hold prayer rallies across the nation on that day.

✓ The Republicans have the votes to confirm the nominee before the November Election.

There is every indication we will have a conservative Supreme Court in 2020. Hallelujah!


KRLA Forum

triage_image.png

We have never been more challenged to keep up with news and events, and to determine the best way to react and show leadership. In part we will address this through sending out our e-news weekly starting in September through early November, and if you are not on our list, please sign up now. We will keep you apprised of important updates affecting pro-life activism in these unusual days of national and state political distress.

We receive media requests to quickly respond to developments in pro-life issues, and the news cycle is accelerating. An example may be seen in a recent Courier-Journal article. Margie Montgomery was asked to weigh in on the Buffer Zone ordinance (see previous post). We are in the office daily to field calls and requests for information, and the stream of activity is never-ending.

Donors have given generously to the Educational Foundation, but our funds for operations are down. We are humbled by the sacrificial giving of all donors, and ask our members and supporters to keep us in mind for our September Walk for Life. This is our major annual fundraiser that enables us to keep the lights on and do our work, both for Louisville RTL and KRLA.

The State Fair and Golf Outing have been cancelled this year due to the virus, and we have not been able to participate in other events. At this time we do not anticipate a State Conference but will instead focus efforts on the Election.

We are are concerned to do whatever we can to help Kentucky run a clean General Election and to help elect pro-lifers. Kentucky is among Ballotpedia’s “22 battleground chambers in 17 states out of the 86 chambers holding regularly-scheduled elections in 2020… that will be more competitive overall and have the potential to see major shifts in party control.” Watch for specific news about District candidates and races.

As noted, donors have generously given to the Education Foundation, enabling three media campaigns. The first was organized by Louisville board president emeritus Jack Ratterman. It began in June and has resumed this month on WHAS Radio.

The second is an Internet Click Ad campaign coordinated by Louisville board member Schu Montgomery. The theme of this outreach is: Life is not just for the perfect, privileged and planned. We hope it will strike a chord in the hearts of people who realize that our society is on a course to cold, calculated birth and death, with abortion, eugenics and euthanasia promoted by the mainstream media as well as certain medical associations without scruples. When the ads are clicked they go to a special website page.

The third campaign will start in the Autumn and feature very large “mobile” ads on TARC buses in Metro Louisville. This project was spearheaded by Louisville board member Dawn Heuglin and the Celebration of Life Banquet committee, working with the keynote speaker, Mike Fichter, to ask for funding. We are excited about all these campaigns! Our sincere thanks to all these RTL board members and the donors!

To hear or see all ads, visit the Educational Foundation Special Projects page.


KRLA Forum
Updated August 21, 9 AM

C-J reports NO BUFFER ZONE!

The Louisville Metro Council on Thursday rejected an ordinance that would have allowed health care facilities, including abortion clinics, to create a buffer zone outside the entrances to their facilities.

The legislation, proposed this year after years of advocacy work by activists including the Kentucky Health Justice Network, failed in a 12-13 vote after lengthy discussion that at times verged into the ethics of abortion.

All seven Republicans — council members Kevin Kramer, R-11th; Scott Reed, R-16th; Parker; Anthony Piagentini, R-19th; Stuart Benson, R-20th; Robin Engel, R-21st; and James Peden, R-23rd — voted against the ordinance.

They were joined by six Democrats: Pat Mulvihill, D-10th; Rick Blackwell, D-12th; Mark Fox, D-13th; Cindi Fowler, D-14th; Madonna Flood, D-24th; and David Yates, D-25th.

TIME NOW to SAY THANKS! See email link for Council members below.


Updated August 19, 2:30 PM

FULL METRO COUNCIL VOTE ON BUFFER ZONE AUGUST 20

Many in the community have objected— Read the ordinance.

A long-time member of RTL shared the letter that he sent to the Council members. As he notes, “The resolution cites the COVID pandemic as a reason for its passage. Putting aside the fact that most of the protesters wear masks since COVID, isn’t it interesting how no council member has suggested that other protests observe a similar buffer zone for public safety. It seems that one group’s right to protest is deemed safe and another group’s protest must have a buffer.”

Email the council members. View the agenda.


Updated August 14, 2020 7AM

Buffer Zone ordinance advances to full council

The Courier-Journal reported late Thursday that the Buffer Zone ordinance moved out of committee:

Legislation that would allow health care facilities, including abortion clinics, to create "buffer zones" outside their entrances to preserve access to services is one step closer to reality.

The Louisville Metro Council’s Community Affairs, Health and Education Committee voted 4-2 along partisan lines Wednesday to send the ordinance to the full Metro Council for its consideration, after more than two hours of discussion.

The legislation, which has been called for by advocates for several years, was made more urgent by the COVID-19 pandemic, according to sponsors who spoke at Wednesday's committee meeting.

Councilwoman Jessica Green, D-1st District, said the ordinance shouldn't be a debate about abortion because it is legal and “makes sense right now” because it has become a safety and public health issue.


The buffer zone (BZ) is back in the news. Nationally, it has steadily been debated and adjudicated for decades.

In June of 2014 the Supreme Court determined for Massachusetts that an abortion clinic buffer zone of 35-feet would violate the First Amendment. At that time Chief Justice Roberts said, “Such areas occupy a ‘special position in terms of First Amendment protec­tion’ because of their historic role as sites for discussion and debate…”

But in early July (2020) SCOTUS declined to review an appeal on behalf of Colorado pro-lifers regarding a 2000 decision that upheld an 8-foot ‘bubble zone’ around people near an entrance to a clinic. This means that clinic access laws in Chicago and Harrisburg, Penn., will not be challenged as pro-lifers had hoped. The Chicago ordinance requires an 8-foot bubble zone around people within 50 feet of a clinic entrance and restricts specified types of free speech— protesting and counseling. The Harrisburg ordinance sets a 20-foot buffer zone.

In Louisville, the issue took front and center in the spring of 2017. KRLA reported on a Louisville Metro Council (LMC) meeting where the BZ was proposed and discussed on June 14, 2017. The photo shows some sidewalk counselors who attended the meeting, and their small sign relates the best reasons not to have a BZ: Free speech and Women have Right to Know.

buffer-zone-council-mtg.jpg

Last January Councilman Robin Engle warned the peaceful protestors at the Louisville Rally for Life held on the Metro Hall steps, that LMC and BZ supporters were discussing a new effort. Robin said in response to the C-J story that followed, “I don’t know the distance being discussed in the version of the ordinance being proposed by abortion advocates. The Council tried to establish limits like this on free speech (in 2017), and there really isn’t much difference between 10, 20 and 50 feet.”

Fast-forward to August 2020: We are now being advised by the LMC that a 12-foot BZ is needed by ALL health clinics, double the six-foot “guidance” for COVID safety. The new ordinance, filed August 3, states: The Dept. of Public Works “shall, at the request of any healthcare facility, paint or lay on the public way or sidewalk easily distinguishable demarcation lines marking the buffer zone and post such zone with signage stating: ‘Healthcare facility: No standing or obstructions within this zone’ and citing this ordinance.”

The LMC Community Affairs, Health and Education Committee agenda states they will discuss the BZ at their August 12 meeting at 1:30 PM.

Louisville residents can find their Council representatives here. Email addresses are here. Address correspondence to: Louisville Metro Council, 601 West Jefferson St., Louisville, Ky. 40202. Look for Louisville Safety Zone on Facebook and Twitter to view the community activism.

The COVID-19 virus is cited in the ordinance as a reason for the BZ:
WHEREAS, as of July 16, 2020, over 3,483,832 individuals in the United States have been diagnosed with COVID-19, with 21,083 of those cases being Kentucky citizens;
WHEREAS, as of July 16, 2020, over 136,938 individuals in the United States have died from COVID-19, with 650 of those deaths being Kentucky citizens;

This means that of 326.7 million people in the U.S., one percent have or had the virus and .04% have died. As well, there are many stories in the media stating that numerous deaths are attributed to COVID among those who had other debilitating conditions.

Is this another instance of COVID-engineered societal lockdown?


KRLA Forum

chad_meredith.jpgRecently the Beshear administration called for release of Gov. Bevin’s pardon files. These would include records relating to both pardons and commutations by Gov. Bevin that are under Solicitor General Chad Meredith’s oversight.

KRLA has been very impressed with Attorney Meredith’s abilities. He represented Kentuckians in numerous legal cases brought against the pro-life laws passed by our General Assembly during the Bevin administration.

The Courier-Journal reported on July 23 that Holly Johnson, Beshear Finance and Administration Cabinet Secretary, asked the Fayette Circuit Court to order Meredith to turn over public records which he had declined to do in response to an open records request in May and a subpoena in June. Though he provided some records related to the investigation into alleged mismanagement of government funds, he did not release documents related to pardons by asserting that ‘attorney-client and work-product privileges’ prevented him from doing so.

We are sure that Attorney Meredith knows the difference between emails that are state property and emails and documents that comprise confidential case information.

The C-J article reports:

The Finance Cabinet's motion states that Meredith's justification for withholding the records is incorrect, as the emails and attachments related to Bevin’s pardons were part of his official jobs duties and created on state time with state resources.

“In short, they are the property and legal documents of the Commonwealth,” the motion states. “Mr. Meredith’s [sic] does not hold the privilege as to these records, cannot assert the privilege on behalf of the Office of Governor, nor could he do so against the very entity which seeks the production of these documents.”

Read more.

This seems like an ‘appeal to force’ (‘ad baculum’ logical fallacy for you students of the law), as it claims that the state has full rights to any communications, without respect to the legal principle and practice of client-attorney privilege, which is a norm undergirding the entire legal system.

For our pro-life lawsuits, It would mean that any individual, for example, one damaged by an abortion, could not expect her full conversation with a State attorney to be kept confidential, and only portions shared as deemed necessary in a trial. Obviously, a potential breach of confidence could lead to life-damaging public disclosures. What witness would ever volunteer to fully disclose evidences, if attorney-client privilege were not enforced?

To say that attorney-client privilege is nonexistent for state attorneys on state business, and that all state employees’ documents and emails are the property of the state is a disastrous idea, no matter which department, employee or state officer entertains the notion. The debate about ‘open records’ is an active one at this time, but that topic aside, the issue here is attorney-client privilege. That pillar, if removed, could bring the house down.

The same C-J article notes that Atty. Meredith is being considered for a nomination to a federal judgeship in Kentucky’s western district and has the support of Sen. McConnell.

Chad Meredith skillfully defended Kentucky in ACLU / EMW / Planned Parenthood lawsuits brought against the state both in the Fifth District Court and the Sixth Circuit Appeals Court.

The Fifth District Judges who heard the cases for the Ultrasound Law, the Transfer Agreement Law, the Dismemberment Abortion Law, and the Heartbeat and Anti-Eugenics Laws— Judges Hale, McKinley and Stivers— all ruled in favor of the abortion clinics.

The Heartbeat and Anti-Eugenics case hinges on an Appeals Court ruling.


KRLA Forum

The many pro-life lawsuits defended during the Bevin administration were led by Steve Pitt who served as Gov. Bevin’s General Counsel. Then AG Andy Beshear refused to handle the suits brought by EMW, Planned Parenthood and the ACLU, so Bevin called upon his own staff to handle the extensive litigation.

The work was intense and demanded self sacrifice since it was  beyond Pitt and his attorneys’ call of duty. This was recognized in a House Resolution during the 2019 General Assembly to Honor the dedicated and tireless work of Governor Bevin's legal team at this pivotal time in the fight for life and in defense of the unborn. - HR 218 states:

Governor Bevin’s legal team has accepted the challenge to defend the critically important pro-life legislation passed by the General Assembly and has assumed the duties constitutionally mandated to be performed by the Attorney General; and… consists of only three attorneys who have dedicated a tremendous number of hours to the fight for life, working thousands of hours with no overtime pay…

The outstanding legal team included some attorneys who worked in the Health and Family Services department as well.

On May 25th, Atty. Pitt stepped down from his role as counsel and special adviser to AG Daniel Cameron. We want to specially thank and commend him for his excellent work on behalf of innocent life and the many pro-life Kentuckians. We look for even greater achievements as he goes forward in his life and work.


KRLA Forum

Pro-lifers in Kentucky currently await a number of important court rulings:

  1. The Supreme Court will soon rule on the Louisiana June Medical Services case. Its decision could require abortion clinic doctors to have admitting privileges to a nearby hospital, leading to many clinic closings in the nation. In Louisville two doctors (of whom we are aware) at the EMW clinic do have hospital admitting privileges but this is not the same as a Transfer Agreement.
  2. The Transfer Agreement lawsuit awaits a decision from the Sixth Circuit Appeals Court. It is possible that the above-mentioned SCOTUS ruling will affect that case. However, as brought out by Kentucky’s attorneys during the trial and appeal, the critical aspect of such agreements is the “protocol for transferring medical records.” Since two of the judges on the Appeals panel were appointed by President Trump, we hope for a fair and just decision.
  3. The Heartbeat and Anti-eugenics laws, rolled into one during the litigation, await the decision of the Sixth Circuit Appeals Court on an Ohio case, “Preterm-Cleveland v. Himes,” that will determine the fate of Down Syndrome babies and the outcome of the Kentucky litigation.
  4. The Dismemberment Abortion law appeal was decided in favor of the EMW and ACLU,  however, AG Cameron will be making a decision soon on whether to request an “en banc” (full Appeals Court) hearing or to instead appeal the case to SCOTUS.

Presently, pro-lifers are striving to prevent the overturn of safety precautions for women who elect medical abortions. Attorney General Cameron has added Kentucky as an “Intervenor State” to an Amicus brief in defense of in-person dispensing of the “abortion pill” by a doctor for the protection of the woman seeking the abortion. The political association for ObGyns, ACOG, wants the FDA to drop their regulations that ensure a drug’s benefits outweigh its risks. The pro-life ObGyns have exposed this.

Let's all pray.


KRLA Forum

Governor Beshear used his Friday 5 PM briefing to veto SB 9.

The Courier-Journal reported online at about 6:30 PM, as well as in today’s print newspaper:

Gov. Andy Beshear has vetoed a bill that would hand new power to Attorney General Daniel Cameron to regulate abortion clinics and also require abortions be suspended as an elective procedure during the coronavirus pandemic.

Senate Bill 9 passed in the final hours of the 2020 General Assembly on April 15, also requires doctors to try to save any infant born alive, including after a failed abortion.

At this writing the veto has not yet been posted to the state website.

Reacting, Margie Montgomery expressed “extreme disappointment.” She and thousands of prolifers had politely but firmly sent emails and petitions to the governor pleading with him to uphold the measure either by letting it go into effect without his signature or courageously signing it.

Senator Whitney Westerfield, chief sponsor of SB 9, last week predicted Beshear would veto the bill. He said Friday night that he is “supremely disappointed” with the veto.

“This governor once again demonstrated his hostility to unborn life,” said Westerfield. “If the Lord is willing, I will file this bill on the first day of the 2021 session.”

Polls across America consistently show upwards of 80% of the public support Born Alive protections.

Interestingly, in his veto declaration, Beshear didn’t mention the merged aspect of the bill that provided Attorney General Daniel Cameron with authority to investigate the state’s two abortion clinics.

Cameron called on the Beshear administration earlier to end abortion procedures in the state during the COVID-19 pandemic. In a statement Friday night he called the veto “reprehensible.” Read the entire statement here.


KRLA Forum
This excerpt is from a story by Schu Montgomery in the Spring 2020 Kentucky Right to Life print newsletter. To receive the print newsletter, call the office, 502-895-5959. All KRLA and Affiliate members and donors are eligible to receive the print newsletter.

“ …House Bill 67, an amendment declaring “no right to abortion” in Kentucky’s Constitution, didn’t make it to a vote on the Senate floor. It passed the House in mid-March, yet didn’t receive consideration in the Senate. Westerfield said he and his colleagues never received “a good or consistent answer” as to why HB67 didn’t get a vote in the Senate.

“Constitutional amendments are immune from gubernatorial vetoes. Had HB67 passed the Senate, Kentucky voters could have approved the measure in November’s general election.

“Westerfield insisted the constitutional amendment will be brought up again when the Kentucky legislature reconvenes next year.”


KRLA Forum

A lot of information on Transfer Agreements is on this website, including a blog series that questions how Andy Beshear as AG filed an Amicus brief on behalf of EMW and PP. Particularly when it was his duty to defend Kentucky law. ?

Will our current AG Daniel Cameron sue Gov. Beshear for issuing the illegal license to abort?

It is well to pursue lawbreakers in a step-by-step manner as KRS 15.241 and HB451 prescribe. HB451 ended up in the House Rules Committee at the end of the 2020 Legislative Session, however its language was merged into the SB9 bill at the 11th hour of the Session. Many news stories today are reporting this advance.

Insert this!

hb451.png

For the AG to sue the Governor is a huge and costly step. AG Beshear sued Gov. Bevin five times and won two of the cases: He blocked the governor's $18 million cut to Kentucky universities in 2016 and blocked the administration's pension reform bill in 2018. Bevin won the teacher “sick-out” case, but when Beshear became Governor, he reversed the decision.

Most Kentuckians do not want their AG and Governor to be embroiled in court cases on different sides. Ouch. They would prefer the HB451 method.

Contingencies

Most pro-lifers would understand that the TA case may be decided at any time, and if it upholds Judge Stivers’ verdict, then the clinics will not need TAs.

Possibly the Appeals Court is waiting to learn if the Supreme Court will uphold Louisiana’s Unsafe Abortion Protection Act that requires abortion providers to have admitting privileges within 30 miles of a local hospital, and requires doctors who perform more than five abortions a year to maintain proper licensing.

This case further mandates that informed consent protections and reporting of anonymous data and complications apply to to RU486 chemical abortions, just as to surgical abortion, and it clarifies that physicians in both private offices and licensed outpatient abortion facilities owe women the same informed consent protections and reporting of public health data and abortion complications, whether the abortion is surgical or an RU-486 drug-induced abortion.

Kentucky already requires reporting of RU486 abortions and informed consent protections, and does not permit abortions to be performed in private offices nor in public hospitals unless to save the life of the mother.

The tragedy of this long wait for court decisions is the loss of precious and innocent humans who deserved legal protection. So, don’t be surprised if AG Cameron decides to make an issue of the missing TAs as well as the COVID-19 violation of the Governor’s healthcare mandate even if SB9 does not become law. And, don’t be surprised if the Sixth Circuit Court decides in favor of Kentucky’s appeal before SCOTUS rules on the Louisiana case.

An Aside:

Current Kentucky abortion licensing requires that:
An employee or volunteer of the facility while afflicted with any infected wounds, boils, sores, or an acute respiratory infection or any other contagious disease or illness shall not work in any capacity in which there is a likelihood of that person transmitting disease to other individuals.

Since COVID19 carriers may be asymptomatic, this is yet another aspect of licensing law being broken.


KRLA Forum

The Born-Alive Infant Protection Act, SB9, now awaits Gov. Beshear’s signature. Will it become law? It contains the HB451 mandate — see related article.

Sen. Whitney Westerfield, its sponsor, noted in an address to the House Judiciary Committee on March 11 that SB9 is not tailored to abortion but covers any child born alive in any circumstance.

In Kentucky, abortions are performed up to 22 weeks, and presently they are done by D&E or “Dismemberment”; no baby is born alive when dismembered inside the womb. In other states where abortions are performed beyond 22 weeks, a similar law could apply if an infant in a late-term abortion were delivered after growing too large to be dismembered.

SB9 will
1. Help parents whose child is born prematurely and may not receive care in some hospitals due to a policy not to treat babies under a certain age due to their prospects for survival, and
2. Help babies born with birth defects, disabilities, or who are unwanted for any reason by their parent(s), to survive by means of nourishment and medically appropriate care.

Some discussion ensued in the committee hearing. You can hear the debate here. Start the video at about 1 hour 18 min.

On the national level, the Born-Alive Abortion Survivors Protection Act pertains to infants who survive a late-term abortion. The bill would amend existing U.S. law enacted in 2002 which focused on defining the born-alive baby as a person: the words "person," "human being," "child," and "individual" shall include every infant member of the species homo sapiens who is born alive (as defined in this Act) at any stage of development. (official summary) . This was to address the fact that some (all?) abortion providers did not view their victims as legal persons.

The updated Act is to “prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion.” It was introduced by Tenn. Sen. Marsha Blackburn on Dec. 21, 2017, and passed the House but has yet to pass the Senate.

Sen. Blackburn also headed up the Select Panel on Infant Lives that investigated the scandal of selling baby body parts uncovered by David Daleiden.

The national bill also applies the existing penalties of 18 U.S.C. Sec. 1111 (the federal murder statute) to anyone who performs “an overt act that kills a child born alive.” This would pertain, for example, to an abortion clinic staff person who dissects a breathing born-alive infant in order to harvest an intact liver, or to an abortionist who ends a born-alive baby’s whimpers with a sharp blow to the skull, or by snipping the spine.

Today, medical technology can keep alive an infant born as early as 19 weeks, so the 2002 Law has bearing on many current births as its language does not specify abortion as a condition of the scenario, though at the time it was understood in that construct.

Statistics show the second-trimester birth usually results in a child growing up with serious health problems. This would in part be because some hospitals lack the expertise and equipment for the early ‘preemie.’

Kentucky’s SB9 recognizes that current medical technology can keep alive second-trimester babies who may develop as healthy infants (with major assistance from medical providers), and that there are people willing to adopt these little ones if the parent(s) is/are not able to accept the responsibility.

It could encourage an initiative to focus resources in one medical center for mothers-to-be when preterm birth is anticipated.

There are many who point out that the state should not intervene in decisions that are complex and best made by physicians and parents. The Right to Life standard has consistently been “Always to care, never to kill.”

By acknowledging viability at a stage when some pre-born babies in Kentucky are aborted, we may be entering into a new legal controversy. We should never dread or fear new challenges to life issues; we do, of course, feel anxiety at the prospect of more ill-will and lawsuits.

The war to uphold the value of human life and to end elective abortion sometimes opens on a new front where terms must be redefined. ‘Viability’ has changed since 1973 when Roe v Wade referred to an obstetrics document that stated ‘attainment of fetal weight of 1000 grams or fetal age of approximately 28 weeks is widely used as the criterion of viability.’ (ref)

We applaud our pro-life legislators for passing SB9 and sending it to Gov. Beshear for his signature.


KRLA Forum

A visit to the website of the Kentucky Cabinet for Health and Family Services and its Vital Statistics Branch brings into view links to “statistics.” The Services tab leads to the Abortion Requirements and Annual Data Reports heading and description:

All abortion providers must report each procedure as defined in KRS 311.720 to the Department for Public Health, Vital Statistics Branch. Reports must be received within 15 days of the end of the month in which the abortion occurs…

So, if these deaths are to be reported within 15 days as described, why is there no report yet for 2019?

The requirement is:

By Sept. 30 of each year, the Vital Statistics Branch will issue a public report on all data collected that calendar year per KRS 213.101, subsections (1) and (2).

So, for the 2019 calendar year, we can expect to see abortion statistics in September 2020. A lag.

BUT, thanks to a sidewalk counselor team that has stood watch at the EMW Clinic for many years, KRLA is provided with numbers of women entering the clinic each day, with special care taken to avoid counting the same person who enters on consecutive days. (In the current environment, this is a greater challenge, and with the opening of Planned Parenthood in March 2020, the count is unclear.)

You can find the 2019 numbers on the Media Releases page of this website.

KRLA also mails a hard copy of these statistics to numerous churches and to others who request it each month, again, thanks to volunteers and our donors— you.

Though there are some discrepancies between the “on-the-ground” count and the state report, the numbers are close, and the monthly report focuses us on the brute reality that lives are lost every week in our state to abortion, and not only Kentucky lives. There are out-of-state licenses in plain view.

In 2017, 906 of 3202 abortions were of “black” people, and in 2018, 974 of 3203 were. That is 28.3% and 30.4%, respectively. You may want to see the full report, by clicking on the years.

Oddly for each calendar year, 2017 and 2018, there were 3,202 and 3,203 abortions, respectively.

A strange coincidence or an error in the count? Or was there only one more abortion in 2018 than in 2017?

We are grateful that our Legislative Pro-life Caucus is on the job, and they care about these “statistics.”



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A shout-out is well deserved
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A wrap-up on pro-life legislation that is languishing
4/25/2020 1:07:53 PM
Pro-life legislation SB9 and HB451 not passed; abortion clinics continue to operate during pandemic
4/16/2020 7:01:39 PM
Look for HB67 in the 2021 Legislative Session
4/16/2020 6:54:06 PM
Legislators merge HB451 with SB9 at the last moment of 2020 Session
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SB9 - the Born-Alive Infant Protection Act - for any baby born alive, not restricted to abortion
4/16/2020 4:02:36 PM
State lags way behind in reporting numbers of abortions

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