A U.S. federal appeals court on Friday revived a Kentucky pro-life law by ruling it is not unconstitutional for the state to require that abortion clinics have agreements with a local hospital and a local ambulance service in the event medical complications arise.
The case involves a 1998 Kentucky law that requires abortion facilities to obtain transfer agreements with a local hospital and transport agreements with a local ambulance service. Planned Parenthood joined a Louisville abortion clinic in suing the state to strike down the restrictions, and a district court in 2018 sided with abortion providers, saying the law places an undue burden on women and has few “medical benefits.”
But on Friday, the U.S. Sixth Court of Appeals, in a 2-1 decision, reversed the lower court.
“We cannot say that laws requiring abortion facilities to have transfer and transport agreements with a local hospital are not reasonably related to a legitimate government end,” Judge Joan Larsen wrote in a majority opinion joined by Judge Chad Readler. Both were nominated by President Trump. Judge Eric L. Clay, who was nominated by President Clinton, dissented.
The state’s purpose in passing the law, Larsen wrote, was to treat “patients with unforeseen complications related to an abortion facility procedure.” Larsen further noted the 1998 law was passed due to…
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