ACLU Lawsuit Keeps Last Abortion Clinic in Kentucky Open

Affiliate: ACLU of Kentucky
April 10, 2017 3:30 pm

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LOUISVILLE, Ky. — A federal court today issued an order that permits the last abortion clinic in Kentucky to remain open while the state challenges the clinic’s agreements with local hospital and ambulance service.

The American Civil Liberties Union and attorneys at the law firm Lynch, Cox, Gilman & Goodman P.S.C. filed a federal lawsuit aimed at blocking unconstitutional state laws that would have forced the clinic to close.

Kentucky had threatened to revoke the license of EMW Women’s Surgical Center, alleging that the clinic’s agreements with a hospital and an ambulance service contained technical deficiencies despite having approved the same agreements last year.

Last June, in Whole Woman’s Health v. Hellerstedt case, the Supreme Court struck down similar laws requiring that doctors who provide abortions have admitting privileges at a nearby hospital.

Today’s order keeps the temporary restraining order issued March 31 in effect until a final judgement is entered in the case.

Brigitte Amiri, senior staff attorney with the ACLU’s Reproductive Freedom Project, had this response:

“We are pleased that the last abortion clinic in the commonwealth will remain open, but doctors shouldn’t have to go to court to ensure that they can continue to provide care for their patients.”

Don Cox, attorney with Lynch, Cox, Gilman & Goodman, had this reaction:

“We hope that today’s order sends a clear message to Gov. Bevin that it is long past time to stop trying to prevent women from making their own decisions and getting the care they need.”

A copy of today’s court order can be found here: http://www.aclu-ky.org/wp-content/uploads/2017/04/EMW-Agreed-Order-Final.pdf

More on this case can be found here: https://www.aclu.org/cases/emw-v-glisson


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