Federal judge's ruling allows Kentucky's last abortion clinic to stay open
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https://sitecdn.10tv.com/article/judges-ruling-enables-kentuckys-last-abortion-clinic-stay-open
LOUISVILLE, Ky. — In a victory for abortion-rights supporters, a federal judge struck down a Kentucky law that had put the state's last abortion clinic at risk of closing when Gov. Matt
Bevin's administration cited it in a licensing fight with the facility.
U.S. District Judge Greg Stivers, in a long-awaited ruling, said Friday that the two-decade-old law violates constitutionally protected due process rights. The law required Kentucky's
abortion clinics to have written agreements with a hospital and an ambulance service in case of medical emergencies. Stivers said the so-called transfer agreements "do not advance a
legitimate interest" in promoting the health of women seeking abortions.
"The court has carefully reviewed the evidence presented in this case and concludes that the record is devoid of any credible proof that the challenged regulations have any tangible
benefit to women's health," Stivers wrote in his 60-page ruling. "On the other hand, the regulations effectively eliminate women's rights to abortions in the state. Therefore, the
challenged regulations are unconstitutional."
The governor's spokeswoman, Elizabeth Kuhn, said Bevin's administration is confident of winning a reversal on appeal. The Republican governor is a staunch abortion opponent.
"We are disappointed that the court would strike down a statute that protects the health and well-being of Kentucky women," Kuhn said.
EMW Women's Surgical Center, the state's last abortion clinic, challenged the state law. The case revolved around a licensing fight that began when Bevin's administration claimed the
clinic lacked proper transfer agreements and took steps to shut it down. Stivers said that despite the "best efforts" of EMW and Planned Parenthood, no Louisville hospital is willing to
join in a transfer agreement. As a result, it's impossible for them to comply with requirements for transfer agreements, he said.
Attorneys for the state contended the transfer agreements did not put a substantial burden on a women's right to obtain an abortion. They said the law is needed to ensure that women
experiencing complications from abortions are properly transferred to hospitals.
The state's attorneys also had noted the availability of abortion facilities in neighboring states, even presenting charts depicting the distance from various Kentucky cities to abortion
clinics in those of other states. Stivers said the availability of out-of-state clinics did not "cure the infirmities" in the Kentucky law.
Last year, another federal judge struck down a Kentucky law requiring doctors to perform ultrasounds and show fetal images to patients prior to abortions. Bevin's administration
appealed, and a federal appeals court heard legal arguments in the case in July.
Meanwhile, a new Kentucky law seeking to ban a common procedure for second-trimester abortions is on hold temporarily pending a trial later this year after the measure was
challenged. The law would ban a procedure known as "dilation and evacuation." It seeks to ban those procedures performed 11 weeks after fertilization.
In other abortion news, several states have ballot initiatives this year whether to amend the state constitutions to ensure that abortions will be 100% illegal if Kav overturns
Roe v. Wade.
must be a bit distressing for the owners to have cornered a market like this
oh fuck off you disingenuous twat
MIght be warranted since Trump's picks form a full quarter of the Sixth Circuit, and all of them were confirmed on party lines.
"we male lawmakers know more about healthcare and womens health then actual women healthcare professionals."
kuhn-t
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