The EMW-ACLU Appeal to overturn the Bevin Administration’s successful Appeal to save Kentucky’s Ultrasound Law— is pending and may be read by anyone who desires to have a PACER account. PACER stands for Public Access to Court Electronic Records.
The opening pages of the EMW-ACLU Appeal list all the attorneys who are working on the case. Then, a Statement of Corporate Affiliations and Financial Interests asks two questions:
- Is said party (EMW) a subsidiary or affiliate of a publicly-owned corporation?
- Is there a publicly-owned corporation, not a party to the appeal that has a financial interest in the outcome of this litigation?
Shouldn’t there be a third question?
3. Is there a publicly-funded corporation that will benefit from this Appeal if it succeeds?
Answer: Yes, Planned Parenthood receives $500 million annually from the U.S. taxpayers and will certainly benefit if this Appeal succeeds.
And how about a fourth question?
4. Is there an innocent public group who will be harmed financially if this Appeal succeeds?
Answer: Yes, the taxpayers of Kentucky will be the losers, since they will pay the tab for the extensive legal work performed by numerous attorneys from the ACLU of New York, the ACLU of Kentucky, and a law firm from New York, not to mention all the attorneys working for EMW since the suit was first filed— following the passage of HB2 in 2017 by the Kentucky Legislature.
Of course, a new Appeal could send the case to SCOTUS, so we assume it could take some time to determine who pays. We do not know all the legal ins and outs.
And another question:
5. Who pays the ACLU?
Not EMW. The ACLU does not charge its clients for its services. So, EMW can thank George Soros and others who donate to the ACLU for helping them to pursue their Appeal.
But maybe the full panel of the Sixth Circuit will turn down the Appeal. Watch for more news.