Kentucky Appeals Court reopens case against Planned Parenthood over alleged illegal abortions

The Kentucky Court of Appeals has overturned a lower court decision that dismissed a lawsuit against Planned Parenthood, which has been accused of performing abortions in its Louisville clinic without proper licensure.

The lawsuit, filed by the state Cabinet for Health and Family Services under Gov. Matt Bevin's administration, has accused Planned Parenthood of illegally performing 23 abortions at the clinic between December 2015 and January 2016.

The case was dismissed by Jefferson Circuit Court Judge Mitch Perry in July 2016, arguing that the clinic had been given "approval" from state regulators under former Gov. Steve Beshear.

In a unanimous ruling on Friday, the appeals court suggested that Perry had dismissed the case too soon.

While the Kentucky Cabinet for Health and Family Services "may have a difficult time proving its allegations we believe said allegations are sufficient to state a claim upon which relief can be granted," the court ruled, as reported by Courier Journal.

According to The Associated Press, Planned Parenthood sought the license from Beshear and produced documentation directing it to begin providing all services so it could be inspected. However, the license was not granted after Bevin became governor and his administration ordered the clinic to stop performing abortions.

The lawsuit acknowledged that Maryellen Mynear, who headed the cabinet's Office of the Inspector General under Beshear, had informed Planned Parenthood on Beshear's final day in office that it was "longstanding policy" that clinics begin providing abortions while seeking license.

However, the lawsuit contends that Mynear, who has since left the office, acted "without authority" and calls her a "sympathetic advocate willing to ignore the law."

The case, which is now headed back to Perry, does not affect EMW Women's Surgical Center in downtown Louisville, the state's last remaining abortion clinic.

Attorney Thomas Clay, who represents Planned Parenthood, said that they are reviewing the ruling and they are now considering whether to ask the appeals court to take another look at the issue or appeal the case to the state Supreme Court.

Steve Pitt, Bevin's general counsel, hailed the appeals court ruling in a written statement.

"We applaud today's Court of Appeals ruling allowing this important case to proceed," Pitt stated, as reported by WDRB. "The facts are clear and alarming: Between Dec. 3, 2015 and Jan. 28, 2016, Planned Parenthood's Louisville facility performed 23 abortions without proper licensing or emergency safeguards in place. This disregard for both the safety of women and the rule of law is simply unacceptable, and Planned Parenthood must be held accountable," he added.