Kentucky could be the first state in the nation without a single abortion clinic, depending on the outcome of a recent federal court case. The Louisville abortion clinic EMW Women’s Surgical Clinic is the only open clinic in the state and closure would severely limit safe, legal and high-quality reproductive healthcare for women.
EMW, joined by Planned Parenthood of Indiana and Kentucky, filed suit in 2016 after receiving notice that the clinic’s abortion license was to be revoked. The state cited deficiencies in transfer agreements from the clinic to local hospitals even though it was originally approved. A federal judge issued a temporary restraining order so that the case would remain open until a judge ruled on it. The groups are asking U.S. District Judge Greg Stivers to overturn regulations that they argue are medically unnecessary and create an unconstitutional barrier to abortion. The three-day trial concluded on September 8, but a ruling could take months.
Back in January this year, the Kentucky state legislature passed two new laws limiting abortion access: one making it illegal for women to get abortions at or after 20 weeks of pregnancy and the other requiring women to obtain and view an ultrasound before having an abortion.
Lawyers from the American Civil Liberties Union and Planned Parenthood, who are representing the clinic, argued that the state’s regulations “impose an undue burden” on a woman’s constitutional right to an abortion. These regulations are cited by the Kentucky government as the reason for revoking the clinic’s abortion license.
According to the Courier-Journal, during the trial a state health regulator blamed hospitals, saying they failed to provide sufficient agreements with EMW. EMW and Planned Parenthood alleged that the state pressured or intimidated hospital officials into declining to enter into these agreements.
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by volunteer Amy M.