A trial in federal court is underway to see if Kentucky will become the first state in America to have no operating abortion clinics. As is expected, the American Civil Liberties Union (ACLU) is helping fund the lawsuit that involves the governor and the EMW Women’s Surgical Center, located in Louisville.
Kentucky Governor Matt Bevin has alleged that the clinic is failing to comply with state health regulations and should be shut down. The argument involves a transfer agreement, but abortion advocates say that it’s just a cover up to establish more barriers for women who want to end the life of their unborn child.
On Wednesday morning, attorneys from the clinic and Planned Parenthood of Indiana (although it’s not their fight) faced off with the state administration concerning the legal issue.
Brigitte Amiri, an attorney with the ACLU, claimed that the lawsuit isn’t about compliance with state law, it’s really an attempt to make Kentucky the first state to ban abortion. Previously this year, the Cabinet for Health and Family Services tried to revoke the clinic’s license but failed.
The administration informed the surgical center that it was failing to meet state regulations concerning medical emergencies. In Kentucky, any abortion provider must have agreements with local hospitals and ambulance services in case something goes wrong. Although it sounds like a legitimate concern, the clinic is arguing that the law is an unconstitutional barrier to abortions.
State regulators contend that the safeguards in place are there to ensure women’s health, but advocates argue that they’re just not necessary.
Yesterday, a doctor for the clinic testified that complications during abortion procedures are rare, and they don’t need transfer agreements because the staff at the clinic can handle any issues that arise. However, the fact remains that the Kentucky legislature has duly established that law and it isn’t the right of a doctor or a clinic to arbitrarily say which ones they will keep.
Kentucky is one of only seven states who have only one abortion provider left. Stephen Pitt, an attorney for the Governor, explained that the state is only concerned with the welfare of citizens.
“The governor and the secretary of the cabinet are attempting to enforce the law that requires, for the safety of women, for abortion clinics and other clinics to have transfer agreements with hospitals, as well as recognized every state in this area, most states in the union have those statutes,” Pitt said.
He’s correct. However, even if it didn’t involve medical health, the issue is really one of law. These progressive institution operators think that they can choose which laws to adhere to, just like other liberal stances.
Last year, Planned Parenthood in Louisville was shut down for the same violation. They blame Governor Bevin, saying that he is systematically regulating abortion out of the state. During an interview in 2016, Bevin said that he would “bring the absolute full legal authority of the Commonwealth down on them,” and he is doing it.
Apparently, most pro-abortion liberals aren’t happy unless every state in America has multiple facilities offering the service. However, one wonders why they just don’t comply with the transfer agreements? If “women’s health” is so important to them, why not comply with state regulation that requires full hospital help and transfer during a complication?
Essentially, the EMW Center is saying that they don’t have to abide by state law and they can offer abortions however they want. Governor Bevin has challenged that arrogance. U.S. District Judge Greg Stivers blocked the clinic’s closure until the testimony could be heard at trial without a jury.
The ACLU is in it for the long haul though. Amiri said, “We would be in a situation that’s unprecedented. No state in the Union has no abortion clinic. That has not happened, and we intend not to let it happen here.”
Well, everyone will know one way or the other by next week. The trial is supposed to last three days, with state’s witnesses appearing at the end of the week.