Judge blocks governor from closing Kentucky's only abortion clinic
A federal judge has blocked Kentucky Gov. Matt Bevin's efforts to close the state's only remaining abortion facility, which allegedly failed to meet licensing requirements.
In March, the governor's office sent a letter to the EMW Women's Clinic in Louisville, informing it that the facility has failed to comply with state law that requires it to have hospital and ambulance agreements for patient emergencies. The officials warned the clinic that its license would be revoked unless it complied by April 3.
Last week, the American Civil Liberties Union (ACLU) filed a lawsuit on behalf of the clinic to challenge the governor's order. U.S. District Judge Greg Stivers issued a temporary restraining order on Friday to block Bevin's administration from shutting down the abortion facility.
Doug Hogan, a spokesman for the Cabinet for Health and Family Services, which licenses and inspects abortion clinics, said that the officials were "surprised and disappointed" that the court issued the restraining order without input from the cabinet and without knowing the status of communications between both parties.
The clinic denied that it had any deficiencies in its license and said that the cabinet's actions amounted to an unconstitutional effort to abolish abortion in the state, USA Today reported.
Donald L. Cox, a lawyer for the EMW clinic, stated in the lawsuit that the clinic's closure "will have a devastating impact on Kentucky women" who have no other options in the state for abortion.
Stiver noted in his order that the clinic's lawyers had exhibited "a strong likelihood of success on the merits" of their claim.
"Plaintiffs have laid out specific facts in their verified complaint showing that the rights of their patients would be immediately and irreparably harmed absent a temporary restraining (order) from this court," the order stated.
Cox said that the restraining order against the state is valid for 14 days, and he expects the judge to schedule a hearing on the case before it expires.
Bevin's administration had shut down another EMW abortion facility in Lexington last year after it was caught passing itself off as a doctor's office and performing abortions without a license.
The State also sued a Planned Parenthood facility in Louisville in February 2016 after it was discovered that the clinic had performed 23 abortions without a license.