Its
survival on the line, Kentucky's last abortion clinic is bracing for a
pivotal legal showdown with health regulators and the state's
anti-abortion governor that could determine whether Kentucky becomes the
first state in the nation without an abortion clinic.
The licensing fight, set to play out in a Louisville federal courtroom starting Wednesday,
revolves around a state law requiring that EMW Women's Surgical Center
have agreements with a hospital and an ambulance service in the event of
medical emergencies involving patients.
State
regulators defend those conditions as "important safeguards" to protect
women's health. The clinic in downtown Louisville counters that the
requirements lack any "medical justification" and amount to an
unconstitutional barrier to abortion.
But the case's significance goes beyond a debate about state law.
"The
stakes in this case couldn't be higher: the very right to access legal
abortion in the state of Kentucky is on the line," said Dr. Ernest
Marshall, who opened the clinic in the early 1980s.
SNIP
The
lawsuit is one of two pitting the clinic against the state. The other
lawsuit is challenging a new Kentucky law requiring doctors to conduct
an ultrasound exam before an abortion, then try to show fetal images to
the pregnant woman. The law says she can avert her eyes.
EMW
gained an ally in its licensing fight when Planned Parenthood of
Indiana and Kentucky was allowed to join EMW's lawsuit. Planned
Parenthood argues that Bevin's administration has used the transfer
agreements to block its requests for a license to provide abortions in
Louisville.
EMW's legal team believes the
case "falls squarely" within a 2016 U.S. Supreme Court ruling that
struck down Texas regulations that required doctors who perform
abortions to have admitting privileges at nearby hospitals and forced
clinics to meet certain standards for outpatient surgery. The Supreme
Court has found that access to an abortion must be guaranteed, but it
remains to be seen whether eliminating every clinic in a single state
would pass that test.
"Will we build on the
momentum of last year's Supreme Court decision upholding abortion
rights?" Marshall said. "Or will Kentucky be the harbinger of a future
where the right to abortion only exists if you live in the right zip
code?"