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Bevin administration files brief in Transfer Agreement case By Nicole Burton Frankfort, KY - Gov. Matt Bevin's legal team last week filed their brief in the ongoing Louisville abortion clinic transfer agreement case currently before the U.S. Court of Appeals for the Sixth Circuit. At issue is the constitutionality of a 1998 state law requiring abortion clinics to maintain transfer agreements with local acute care hospitals and transportation agreements with ambulance services, as safeguards in the event of medical complications. The Bevin Administration is appealing a previous U.S. District Court ruling in favor of EMW Women's Surgical Center and Planned Parenthood of Indiana and Kentucky, Inc., which declared these safety measures to be an undue burden on the right to an abortion. "The [transfer agreement] statute and regulation do not constitute an undue burden on the right to an abortion," argues the brief by Gov. Bevin's legal team. "The Commonwealth has a valid interest in protecting the health and safety of abortion patients." "The record shows that transfer and transportation agreements benefit patients. The only emergency medicine physician to testify in this case testified at length about the benefits of transfer agreements, and even the National Abortion Federation recommends that abortion facilities have such agreements. If the Commonwealth cannot enact such beneficial requirements, then it is not clear what it can do to protect the health and safety of abortion patients." Over the past three years, Gov. Bevin has worked with the General Assembly to enact several pieces of pro-life legislation, including:
To download a copy of the Bevin Administration's filing in the transfer agreement case, click here: Transf Agmt 6th Cir Br FILED (PDF). This story was posted on 2019-02-06 19:45:56
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