Judge rules Kentucky has the right to regulate abortion facility

On Wednesday, the Kentucky Court of Appeals granted an injunction against the EMW Women’s Clinic abortion facility sought by Republican Governor Matt Bevin, by a 3-0 vote.

“Today marks an important victory for the rule of law in Kentucky,” Bevin announced. “We are pleased by the Court’s recognition that an unlicensed abortion clinic is prohibited from performing abortions.”

The ruling reversed a lower court decision blocking the injunction, which officials sought because the facility allegedly was improperly licensed. The appeals judges concluded that regulating the licensing of abortion clinics and performance of abortions was within the rightful purview of the Kentucky Cabinet for Health and Family Services. The US Supreme Court ruled in Planned Parenthood v. Casey that states could regulate abortion in the interest of both maternal health and fetal life.

EMW Women’s Clinic attorney Scott White confirmed the abortion center would appeal the ruling to the Kentucky Supreme Court. In the meantime, EMW will likely decide on Wednesday whether to continue providing abortions. If it stops them, Kentucky will have just one remaining abortion facility.

As Live Action News has covered, Bevin’s administration is also suing the state’s Planned Parenthood affiliate over improper abortion licensing, particularly its lack of necessary hospital and ambulance transfer agreements.