NRL News

Kentucky’s lone abortion clinic files federal lawsuit to stay open

by | Mar 31, 2017

By Dave Andrusko

Pro-life Kentucky Gov. Matt Bevin

Pro-life Kentucky Gov. Matt Bevin

On March 29, the ACLU filed a lawsuit in federal court on behalf of the last abortion clinic in Kentucky, asserting that the administration of Gov. Matt Bevin had undertaken a “blatantly unconstitutional” move when it sent a letter to EMW Women’s Surgical Center in Louisville that said the abortion clinic was not in compliance with state rules and ordered them to stop performing abortions beginning next Monday.

At issue is the state requirement that abortion facilities “have written agreements with a licensed acute-care hospital treating patients and a written agreement with a licensed local ambulance service for the transport of an emergency patient and treatment of patients when hospitalization becomes necessary.”

EMW attorney Donald L. Cox told NBC News the clinic “has been properly licensed for decades” and “This is absolutely just another attempt to ban abortion in Kentucky.”

In the letter sent by the state’s Cabinet for Health and Family Services to the abortion clinic, Kentucky Inspector General Robert Silverthorn said the “Emergency Transfer Agreement” was deficient on four separate grounds. “Failure to cure these deficiencies will result in an immediate revocation of the Abortion Facility license,” the letter said.

Dated March 13, Silverthorn’s letter said the EMW Women’s Surgical Center would lose its license in 10 days. (CNN reported, “The Cabinet granted an extension until April 3.”)

Earlier this year, the state’s other abortion clinic, the EMW Women’s Clinic in Lexington, closed effective January 27.

An increasingly strong pro-life state, Kentucky has passed two significant laws in 2017: an ultrasound law and the Pain-Capable Unborn Child Protection Act.

In addition, Gov. Bevin joined the governors and attorneys general of 21 other states who filed an amicus curiae (friend of the court) brief to support Alabama’s ban on dismemberment abortions.

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Categories: Abortion Clinic