Press Release

Federal Appeals Court hears oral argument (August 8, 2019)
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Press Release

Federal Appeals Court hears oral argument (Aug. 8, 2019)
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CINCINNATI, OH – “This case is about women’s safety,” said Joyce Ostrander, policy analyst for The Family Foundation. “If justice prevails, EMW and Planned Parenthood will continue to be required to have a written agreement in place ensuring the smooth and rapid transfer of a woman’s care to a hospital when emergencies occur.”

Today, the 6th Circuit Court of Appeals, in Cincinnati, heard oral arguments in the case involving Planned Parenthood of Indiana and Kentucky and EMW Women’s Surgical Center. A Kentucky statute, passed by Democrat majorities in the 1998 General Assembly, requires all abortion facilities to have a hospital and ambulance emergency transfer arrangement in place to be licensed. In the 21 years since the statue passed, it has withstood a previous challenge.

Recently, EMW Women’s Surgical Center filed suit in Federal District Court seeking permanent relief from the law’s requirement. Planned Parenthood of Indiana and Kentucky (PPINK) also intervened in the case seeking permanent relief. Federal District Judge Greg Stivers struck down the law in September 2018. Gov. Bevin appealed the ruling to the 6th Circuit Court of Appeals.

Both EMW and Planned Parenthood Indiana and Kentucky have been either unable or unwilling to arrange transfer agreements.

“While claiming they operate in the best interest of women, these abortion providers are instead attempting to cut corners, thereby endangering the safety of the very women they claim to serve,” said Ostrander. “Perhaps their unsuspecting patients would be better served if these abortion providers spent their time and effort figuring out why ambulance services and hospitals don’t want to partner with them, rather than suing the Commonwealth of Kentucky.”

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