UPDATE on January 15, 2020
Congratulations Mike Nemes! Wins Ky State Senate seat! Read more.
The KRLA Political Action Committee has endorsed Michael Nemes for State Senate, District 38. This is Dan Seum's vacated seat.
Here is some background on Mr. Nemes from his website:
Michael Nemes knows the problems Kentuckians face every day. He understands what it’s like to be an employer and a worker; he’s been both a business owner and a union member. After 40-plus years in business, (in 2010) Mike ran for state representative to make Kentucky a better place to work and do business. He was elected State Representative for District 38… By 2015, Mike was appointed second in command of the state’s Labor Cabinet…
The Special Election will be held on January 14, 2020. Vote pro-life!
Seventh in a Series: Pro-life Laws Under Attack
On December 9, due to the 2019 general election results, all but one of the wonderful attorneys who have defended the Heartbeat and Anti-eugenics laws ‘withdrew as counsel’ from the case. Some are now employed under new AG Daniel Cameron. Currently, only Attorney Catherine York is on the job, and we are not privy to how things may develop from here.
So far, the Commonwealth wants: (partial summary)
- Discovery for HB5, to determine the practice and prevalence of race-, sex-, and disability-based abortions and the state’s interest in stopping these; and for SB9 to bring to light facts on viability that would show it is a moving marker and therefore unreliable
- For the Court to deny EMW’s motion for Summary Judgment on HB5 since no previous case has determined whether a state can ban race-, sex-, and disability-selective abortions. “Roe and Casey focused on women who do not want a child at all, not on women who want a child as long as he or she has certain characteristics.” (This is changing; see previous post. -ed). Also, HB5 protects the medical profession so doctors will be viewed as healers not as facilitators of discrimination. HB5 combats eugenics which is an international trend at present.
- For the Court to deny EMW’s motion for Summary Judgment on SB9 which is not a “6-week Ban” but rather shows compelling interest of Kentucky in the lives of its unborn children. The fetal heartbeat is the key medical marker that, unlike the old viability marker, does not move; it is a stable, universally recognized sign of life and important milestone in an unborn child’s growth. It is not detectable at 6 weeks but rather at 8 to 10 (from LMP) by transabdominal ultrasound. (emphasis added)
Numerous affidavits were attached to this Document in support of the Defendant’s arguments which were demanded to be struck by Plaintiffs who insisted they were Discovery.
Kentucky argued that Plaintiffs had also provided Discovery by their statement (Doc 4) from an EMW abortionist who claimed that she could not serve patients and had to turn away one with a fetal anomaly. Thus, their request for Summary Judgment was based on a “verified” complaint, which is the same as Discovery. Our attorneys were not ‘born yesterday’.
They noted that the EMW attorneys did not file for Summary Judgment based on the pleadings, in which case Secy. Meier could have been prevented from offering evidence, but rather cited its own verified complaint and a declaration, which allowed Secy. Meier to offer competing evidence.
Nevertheless, the affidavits in support of Kentucky’s arguments were ordered removed, and Plaintiffs continued to argue:
- As the Supreme Court and every other court to consider a pre-viability abortion ban has held, there is no state interest strong enough to overcome a woman’s decision to obtain an abortion before viability. Defendant’s arguments to the contrary are nothing more than attempts to improperly re-litigate the well-settled constitutional right to abortion, and they should be rejected…
- Both Bans Are Unconstitutional Under Supreme Court Precedent That Categorically Prohibits States From Banning Pre-Viability Abortions. …The Court is instructed to strike Defendant’s improper expert declarations from the record and deny his request for Discovery.
Many of the documents on PACER are lengthy. The reason for this blog series is to explain briefly (relatively) to Kentuckians what has become of our pro-life bills that our Legislature passed.
LaneReport.com | 12-11-19
FRANKFORT, Ky. — Chad Meredith has been appointed solicitor general for the Commonwealth of Kentucky, Attorney General-elect Daniel Cameron announced Wednesday. In this role, Meredith will serve as the state’s advocate for appellate litigation.
Meredith previously coordinated and oversaw appellate litigation involving executive branch agencies in the administration of former Gov. Matt Bevin.
“Chad’s experience advocating for Kentucky within the appellate court system makes him an ideal choice to serve as solicitor general,” said Cameron. “Many of Kentucky’s most pressing and significant legal issues are decided on appeal, and I know that Chad will represent the best interests of Kentuckians.”
Attorney Meredith has argued many cases for pro-life laws, including the Transfer Agreement case at the Sixth District Appellate Court last summer.
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...