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ACLU of Kentucky

Update: Judge Grants Temporary Restraining Order in Clinic Closure Case

A Judge has GRANTED a temporary restraining order, blocking the state from shutting down EMW Women’s Surgical Center.

The American Civil Liberties Union and attorneys at Lynch, Cox, Gilman & Goodman P.S.C filed a federal lawsuit aimed at blocking unconstitutional state laws that would have forced the clinic to close.

The law that Kentucky used to attempt to shut down the clinic — requiring the clinic to have business arrangements with a hospital — is very similar to Texas laws that the Supreme Court recently struck down in the Whole Woman’s Health v. Hellerstedt decision.

Kentucky threatened to revoke the license of EMW Women’s Surgical Center, alleging that the clinic’s agreements with a hospital and ambulance service contained technical deficiencies despite having approved the same agreements last year.  

In issuing today’s temporary restraining order, the court recognized that closure of the clinic would “immediately and irreparably harm” the clinic’s patients.

Brigitte Amiri, senior staff attorney with the ACLU’s Reproductive Freedom Project, had this response:

“Thankfully, Kentucky women will not have to face the frightening reality of seeing the last abortion clinic in their state close. While this is a relief, it is just the first victory in the legal battle. We will continue to fight to ensure that women in Kentucky, and throughout the country, can get the care that they need.”

Don Cox, attorney with Lynch, Cox, Gilman & Goodman, had this reaction:

“Governor Bevin’s administration has made it clear that it won’t stop until no woman in Kentucky can get an abortion if she needs one.  We will do everything we can to make sure he doesn’t get his way.  Today’s court decision recognizes the devastating consequences of closing the last abortion clinic, and of robbing Kentucky women of their ability to access abortion in our state.”

A copy of the court’s order can be found here: https://www.aclu.org/legal-document/court-grants-tro-emw-glisson