UPDATE: Appeals Court denies rehearing
On Dec. 31, 2020, the Sixth Circuit Appeals Court denied the petition by the EMW and Planned Parenthood to review the Transfer Agreement case EN BANC. The plaintiffs have 90 days from that date to decide whether to pursue the case to the Supreme Court.
Updated October 28, 2020, and again on Nov. 27, 2020
UPDATE: ACLU files new briefs with Appeals Court
On behalf of PP and EMW, the ACLU requested to file a petition for a rehearing of the TA case EN BANC (by all judges of the 6th Circuit Court). A motion was granted on Oct. 22 to extend the time for the ACLU to file for the rehearing to Nov. 22 (2020). The new brief was filed on Nov. 20, with 13 attorneys from Calif., NY, Wash. DC and Ky. signed on to the case on behalf of the Ky clinics.
Updated October 19, 2020
News travels across the internet
This news is now broadly announced on many websites. LifeNews.com has a summary of the Ruling:
Because of the ruling, Planned Parenthood and EMW, the only two abortion facilities in the state, will have to either enter agreements with local hospitals, apply for waivers or close.
KRLA thanks Attorney General Daniel Cameron for his role in achieving this breakthrough.
A GOOD surprise for pro-lifers was announced late yesterday (10-16-20): The Sixth Circuit Appeals Court upheld Kentucky’s Transfer Agreement Law! An excerpt from the Courier-Journal story follows.
A federal appeals panel has upheld a controversial Kentucky abortion law that opponents argued officials had used to try to close down the commonwealth's only abortion clinic and prevent another from opening.
In a 2-1 vote, the panel for the 6th U.S. Circuit Court of Appeals ruled Friday that Kentucky may require abortion clinics to obtain signed agreements with hospitals and ambulance services to transport and admit patients in an emergency.
In doing so, the panel struck down the 2018 decision by U.S. District Judge Greg Stivers that such rules were unnecessary and posed an undue burden on women seeking abortions. Stivers' ruling followed a legal challenge by EWM Women's Surgical Center and Planned Parenthood of Indiana and Kentucky.
The decision comes more than a year after the case was argued before the 6th Circuit panel in Cincinnati.
Despite Planned Parenthood not having a Transfer Agreement and the case being actively litigated, Gov. Beshear issued it a license to perform abortions earlier this year. Judge Stivers had permitted the EMW to remain open, since at the time it was Ky's only abortion clinic. Though both entities had tried to obtain a Transfer Agreement with a Louisville hospital, neither had been able to.
Stay tuned as we update this very significant and exciting news!