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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

Yesterday, Monday, March 23, Gov. Beshear's COVID19 bulletin noted that that all elective medical procedures had been mandated to cease.

Today, we know from sidewalk counselors and the EMW website, that EMW is performing elective abortions. In fact they exclaim on their site that they are “OPEN and seeing patients!”

The Kentucky General Assembly is not meeting today. It is stated on Twitter that they will convene this Thursday, March 26. Will they? We urge pro-lifers to contact your legislators about passing pro-life bills, as requested in previous posts, and to ask that ALL elective surgeries be stopped immediately.

KRLA is at work to beg for mercy for the unborn. Board President Diana Maldonado has sent an open letter to Gov. Beshear, shown below, and other efforts are being made.

beshear_letter_fb.png

NRLC is also on the job, calling for legislators to enforce their mandate that elective surgeries be re-scheduled:

In response to the COVID-19 virus pandemic, hospitals and other primary care facilities are rightly focused on this medical emergency. Federal and state governments have called for all elective surgeries to be rescheduled in order to ensure care for those in immediate need and to free up vital resources to treat those impacted by COVID-19.

The abortion industry is ignoring this call and instead is working to ensure there is no interruption in the destruction of unborn babies.

What is going on at Planned Parenthood in Louisville? Though we know that it was illegal to issue PP a license to operate as an abortion clinic, we realize that abortions might take place anyway.

EMW states on their website that they are “the ONLY licensed abortion clinic in Kentucky.” But they have no valid license, unless they have obtained a Transfer Agreement of which we are not aware. Their claim, however, tends to indict PP— the pot calling the kettle ‘black’? It is true, however, that the EMW has judicial permission to operate. See this post.

But they do not have Gov. Beshear’s permission. See image below. Who is in charge?

beshear_mandate_fb.png


KRLA Forum

Fourth in the License to Abort Little Ones series

A look back over the multitude of legal briefs that began to be filed in early 2017 for the Transfer Agreements case reveals that Vickie Yates Brown Glisson was first to be named in the suit by EMW (et al) against Kentucky.

Ms. Glisson was appointed by Gov. Bevin in 2015 as Secretary of Kentucky’s Cabinet for Health and Family Services (CHFS). When the suit began, the CHFS did not have a general counsel. Then-AG Beshear did not defend Kentucky’s pro-life laws. Therefore Gov. Bevin called upon his General Counsel Steve Pitt to serve in Beshear’s role.

However, now that our new AG is pro-life, Gov. Beshear believes his CHFS Secretary has the authority to rescind lawsuits begun when Steve Pitt acted as General Counsel.

Kentucky’s CHFS Acting Secretary Eric Friedlander was quoted in a C-J article on Jan. 14:

“By rescinding the improper decision by the previous administration, we are now following the established processes required to reapply for a license," Friedlander said in a statement. "This administration will follow the state laws and statutes related to licensing of these facilities.”

…Friedlander's agency on Tuesday dropped the lawsuit the Bevin administration had filed accusing Planned Parenthood of failing to comply with state law in its previous license application. Lawyers for the Beshear administration and Planned Parenthood signed an agreement to dismiss the case pending in Jefferson Circuit Court, saying there was no failure to comply with the law.

Was the case is pending in the Jefferson Circuit Court? A call to the Cincinnati Sixth Circuit Appeals Court this week disclosed the case is pending there. What is going on? KRLA has requested AG Cameron’s help in this matter and we are confident he will clarify or take action to resolve the confusion.

First AG Beshear told Kentuckians he opposed the TA case. He even submitted an amicus brief on behalf of the EMW and PP while serving as Kentucky’s AG! (See blog series). Now, as Governor, he claims control of it? Can this be?

On the AG webpage on the state website, there is information on the AG powers:

The Kentucky Supreme Court has firmly established that the Attorney General’s primary obligation is to the people and their Commonwealth – not any branch of government. In 2016, the Supreme Court recognized the Attorney General’s common-law obligation to protect public rights and interests by ensuring that our government acts legally and constitutionally, in Beshear v. Bevin, 498 S.W.3d 355. The Court wrote that “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.

Click here to read the rules for licensure of an abortion clinic in Kentucky. This has not been removed from the Ky. Law webpage to date.

On Jan. 31 the C-J reported:

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.

We believe this is a ruse.

If the Appeals Court panel of judges reinstates Kentucky’s TA law, that will either end the matter or the ACLU (et al) will pursue the case to SCOTUS. If the Appeals Court judges agree with the Fifth District Court decision handed down by Judge Stivers, perhaps AG Cameron will appeal to SCOTUS. (See related article on pro-life case now at SCOTUS.)

We are confident that the Rule of Law will prevail.

It has never been the TA Defense’s goal to shut down Kentucky’s abortion clinics, but only to preserve the existing law that protects aborted women.


KRLA Forum

Third in the License to Abort Little Ones series

There is a little confusion in the Transfer Agreements term. Sometimes it is used in the singular and other times as plural. There are two agreements, one with a hospital and one with a local ambulance service.

It was brought out in the Kentucky Transfer Agreements (TA) trial in September 2017, that the crucial feature of any TA with a hospital is the “protocol for transferring medical records.” This was restated in an Appellant (Ky.) brief last October explaining to the Cincinnati Appellate Court why the TA case is far from being resolved.

Kentucky’s brief was in response to an ACLU brief stating that a new policy issued September 30, 2019, by the Centers for Medicaid and Medicare (CMS) eliminates the requirement for Ambulatory Surgical Centers (ASC) to have

  1. doctors with admitting privileges on staff,
    or
  2. a written transfer agreement with a hospital,

in order to participate in the Medicare program.

The CMS states that

  1. the enactment of EMTALA (Emergency Medical Treatment and Active Labor Act) regulations, and
  2. the small number of transfers, and
  3. the burden that ASCs incur when faced with local hospital competition issues

are good reasons why no TA is needed.

They are banking on ‘911’ calls and city/county EMS to do the job.

This brings up a point: Abortion clinics in Kentucky are not required to be licensed as ASCs. Since they are not ASCs with more stringent hospital standards, the TAs are essential to the current licensure standards. Are we willing to say that Medicaid rules that key in on saving money and the low numbers of potential fatalities should define the new standard?

But, why not require that any Kentucky abortion clinic be licensed as an ASC? Isn’t abortion a surgical procedure? Yes, of course.

There are two types of surgical abortion: aspiration abortion and dilation and evacuation (D&E - dismemberment) abortion. Women up to 14 to 16 weeks pregnant can have an aspiration abortion (except for the baby’s skull which may need to be crushed before aspiration). D&E abortions are performed at 14 to 16 weeks or after.

Gov. Beshear has issued a license for PP to begin doing abortions in March. This is not legal unless PP has a TA which has not yet been publicized.

If they do not have a TA, they will be operating illegally.

So, why does the Guttmacher.org website which favors abortion, claim that the “Transfer Agreement with Hospital” requirement in Kentucky is permanently enjoined and is not in effect?

The LawAtlas.org site, which pulls data from the internet, states that Kentucky Law does require TAs.

Pro-lifers have reason to think positive: Two of the three judges on the panel were appointed by President Trump. At the hearing last August, KRLA staff and friends heard their questions and thought they seemed genuinely impartial and willing to consider the importance of safety for the aborted woman.

If the Appeals Court reverses the District Court decision, as it did for Kentucky’s Ultrasound Law last year, then PP will be required to get TAs, as will EMW, or the case may be appealed to SCOTUS.

Like the Ultrasound Law, the TA Law does not oppose abortion. The former requires that the woman be informed and the latter that she be protected in the event of an emergency.


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
Schu Montgomery, Opinion contributor | Courier-Journal | Published 6:30 a.m. ET Jan. 22, 2020

schu_cj.jpgThis Friday’s March for Life, held annually to mourn the anniversary of the devastating Roe v. Wade ruling— Jan. 22,1973— remains the grassroots’ single most salutary moment in the struggle to end abortion and restore legal protection for unborn children.

The March’s 2020 theme, “Life Empowers: Pro-Life is Pro-Woman” showcases the 100th anniversary of the 19th Amendment of the Constitution guaranteeing women the right to vote. We know much of the credit for women’s equality at the ballot box goes to Susan B. Anthony and other feminist trailblazers, like Elizabeth Lady Stanton and Alice Paul. What many Americans don’t know, though, is that Anthony and her feminist counterparts were passionately pro-life!

These heroines of the early feminist movement branded abortion “the ultimate exploitation of women.”

They not only recognized the rights of our smallest children (in the womb), but they knew at its core abortion harmed women — physically, emotionally and spiritually. Anthony referred to the “horrible crime of child-murder” when referring to abortion in her publication, “The Revolution.”

Lesser-known feminists of that era, like Dr. Elizabeth Blackwell, the first woman medical doctor in the U.S., said she chose her profession, in part, because of her hatred for abortion. Repulsed that the term “female physician” was applied to abortionists (operating illegally at the time), Blackwell penned in her diary, “The gross perversion and destruction of motherhood by the abortionist filled me with indignation, and awakened active antagonism.”

Like the leading 19th century feminists who opposed abortion for its taking of innocent life, today’s Feminists for Life and their allies view abortion as a major impediment to full social equality. In the words of feminist author and psychologist Sidney Callahan, “Women will never climb to equality and social empowerment over the mounds of dead fetuses.”

Norma McCorvey, the “Jane Roe” in Roe v. Wade, devoted the last 20 years of her life to undoing Roe v. Wade, and “the lies” she said it was based on. Chief among them —being duped into saying she was raped and needed an abortion. But Norma was never raped, and by the time Roe was decided, had already placed her baby (a girl) for adoption.

McCorvey, along with Sandra Cano, the “Mary Doe” in Doe v. Bolton (the companion case to Roe), who deeply regretted her abortion, tried unsuccessfully to get the Supreme Court to rehear the landmark decision, a ruling that legalized abortion through all nine months of a women’s pregnancy for virtually any reason.

Since 1973, more than 60 million babies (half of them girls) have been destroyed by abortion.

As pro-lifers flood the streets of Washington for the 47th straight year, evidence mounts weekly of an industry run amok, with supporters unhinged to the breaking point.

In 2019 alone, 100 reports of assault, vandalism and harassment against peaceful pro-lifers were recorded across the nation.

The ghastly remains of more than 2,400 aborted babies in Hoosier abortionist Ulrich Klopfer’s garage and car trunk surfaced unexpectedly in the fall.

Indiana Attorney General Curtis Hill’s subsequent probe, coming only after Klopfer’s death, brought to light the sleazy abortionist’s revoked medical license from 2016 for “poor record keeping, failure to provide anesthesia to patients, and performing abortions on thirteen year old patients.”

Ongoing attempts to drag the abortion industry out of the shadows, to expose its track record of botched abortions and the scarring of women, has been hampered by a media, by and large, grounded in pro-abortion bias.

Thankfully, President Trump and 200 federal lawmakers realizing the gravity of the abortion nightmare have filed amicus curiae briefs urging the Supreme Court to revisit Roe v. Wade.

In the Louisiana case of June Medical Services v. Gee, to be argued in March, the stories of 2,600 women hurt by the abortion industry will be on trial as the justices consider whether abortionists must have hospital admitting privileges to treat patient emergency complications.

Students for Life President Kristan Hawkins senses what’s at stake: “The Supreme Court now has a chance to reconsider, reverse, and return the issue of abortion to the American people, (where) states should absolutely have the right to pass their own health and safety standards designed to protect women inside abortion vendors.”

Schu Montgomery is a member of the board of directors for Right to Life of Louisville.



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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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