On June 11 the Bevin Administration filed a court document to oppose the petition filed by the EMW Clinic and ACLU challenging the successful Appeal that enforced HB 2, Kentucky’s Ultrasound Law.
EMW/ACLU wants their “do-over” case to be heard by the full court of judges— 28 in all.
Steve Pitt, General Counsel for Gov. Bevin, has stated:
"Rehearing a case en banc is an extraordinary legal procedure, not simply a flippant opportunity for a do-over. In this case, the panel majority faithfully applied the relevant Supreme Court precedent to determine that the legislation at issue is constitutional. Thus, granting en banc rehearing is neither warranted under the rules nor a useful investment of the Court's time.”
Read the response of Adam Meier, Secretary of the Cabinet for Health and Family Services, to the EMW/ACLU appeal here.
AG Beshear has refused to be involved in the case.