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Federal Judge Strikes Down Kentucky Ban on Dismemberment Abortions

Last Friday, U.S. District Judge Joseph McKinley sided with the attorneys for the ACLU by enjoining enforcement of a Kentucky law prohibiting dismemberment abortions (medically called a dilation and evacuation or D&E procedure) that had been signed into law by Gov. Matt Bevins last year.

The procedure was generally performed after the 14th week of pregnancy. McKinley argued that the ban was unconstitutional because it restricted a woman’s “right to abortion” before the “viability” of the baby, which is typically around 24 weeks.

While pro-abortion activists might tout that D&E abortions are safest for the mother during the second trimester, pro-life advocates point to economic gain as being the real reason for preserving this type of abortion. “Dismemberment abortion facilitates fetal harvesting,” Kansans for Life Executive Director Kay Culp told LifeSiteNews last year. “Clinicians experimenting on aborted baby parts don’t want their research tainted by drugs, and, they want fresh organs—packed for shipping within minutes of death.”

The governor plans to appeal. “We profoundly disagree with the court’s decision and will take this case all the way to the Supreme Court if necessary, to protect unborn children from being dismembered limb by limb while still alive,” said Elizabeth Kuhn, Bevins’ communications director.

The law would make it a felony for a physician to perform a dismemberment abortion and the physician would be subject to sanctions against his or her medical license.

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Judge Hudson Reverses Ruling in Falls Church Abortion Case

Last week we reported that U.S. District Court Judge Henry E. Hudson, in the case of Falls Church Medical Center v. Oliver, granted summary judgment (a judgment entered on the grounds that a trial without evidence is unnecessary) enjoining enforcement of a portion of a Virginia law requiring that physicians perform first and second-trimester abortions.

But on May 14, in an amazing and, to our view, unprecedented act, the judge on his own initiative reversed his earlier opinion, decided he was wrong, and said that the issue of the medical value of having physicians perform the abortion should go to a full trial hearing complete with expert medical proof on May 20.

In his order “Vacating Summary Judgment on Count IV,” Judge Hudson wrote, “summary judgment was improvidently awarded to the parties on Count IV based on the present record. Rather, on further consideration, whether the ‘Physicians-Only Law’ presents an undue burden to Virginia women who seek an abortion is a material fact that is genuinely in dispute. Therefore, to facilitate the development of a full factual record that will enable the Court to better address this question, the Court hereby vacates that portion of its Memorandum Opinion and Order pertaining to Count IV of the Amended Complaint and denies summary judgment to both parties at this stage.”

Amazing!

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Federal Court Strikes Down Virginia Law Requiring Only Physicians Perform Abortions

In a first-of-its-kind decision, U.S. District Court Judge Henry E. Hudson struck down a portion of a 44-year-old Virginia law requiring that physicians perform abortions.

Judge Hudson struck down the provisions of the law relative to first-trimester abortions because the restriction in those cases provided only “minimal medical benefits;” however, he left intact the limitation as to second-trimester abortions.

According to Jenny Ma, an attorney at the Center for Reproductive Rights that litigated the case, “This decision will change the abortion care landscape in Virginia. More medical professionals will now be able to provide abortion care, which means more women will be able to access this constitutional right.”

The Virginia Catholic Bishops, however, see it another way. In a statement, they noted that Judge Hudson’s “opinion goes beyond Roe v. Wade and reveals the extreme measures that are being taken by pro-abortion groups to eliminate even common-sense restrictions on abortion. . . . Today’s disappointing and legally questionable decision is another example of why we must all remain vigilant and mobilized as the extreme abortion agenda continues to be advanced in Virginia.”

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Congress Fights for Kittens, Not Babies

While many in Congress have no problem voting to kill babies in the name of “a woman’s reproductive rights” and “personal choice,” a bi-partisan group in Congress was horrified that kittens were being used by the USDA to study a parasite-causing disease that affects humans and then euthanized.

Just a few weeks after a vote to authorize infanticide, Democratic Senator Jeff Merkley of Oregon launched his Kittens in Traumatic Testing Ends Now, or KITTEN Act, which would “protect these innocent animals from being needlessly euthanized in government testing and make sure that they can be adopted by loving families instead.” The bill is sponsored in the House by Rep. Jimmy Pannetta (D-Calif.), who counts eight Republicans among the 40 co-sponsors.

If there is something incredibly wrong with killing baby cats, why isn’t there the same passionate plea to save the lives of baby humans? And if a politician can propose adoption as one method to save an animal’s life, why can’t that same thinking be applied to a baby who survives an abortion? While it is laudable to find other research alternatives that can prevent the disposal of any animal’s life, it is, at best, hypocritical to care about animal suffering and not care about human suffering.

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6th Circuit Allows Ohio to Deny Funds to Planned Parenthood

The U.S. Court of Appeals for the 6th Circuit ruled Tuesday that Ohio can deny funds to Planned Parenthood or other entities that perform abortions.

The full appeals court, overturning a decision of a three-member panel of the court, ruled 11-6 that the ban does not pose an undue burden on a woman’s right to an abortion and that Planned Parenthood affiliates do not have a constitutional right to perform abortions. The essence of the ruling is that states have the discretion to decide who gets public funding and there is no right to perform abortions.

Of the 11 judges on the panel, four were hand-selected by Trump, while the six dissenting judges were appointed by Democratic presidents.

The 6th Circuit covers Kentucky, Michigan, Ohio, and Tennessee. Consequently, and happily, the ruling is controlling in Tennessee.

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