Clinic free to resume all abortion services with hearing set on new restrictive state law

Abortions are again available for patients in Kentucky who are 15 weeks pregnant or more.

Judge Rebecca Grady Jennings, in an order issued late Tuesday, said her previous ruling that suspended enforcement of a new, restrictive state abortion law applies to the entire law — including the ban on abortions after 15 weeks.

EMW Women's Surgical Center, the only provider of abortions beyond 15 weeks of pregnancy, had asked the judge for clarification about her April 21 order barring enforcement of House Bill 3.

EMW wanted to make sure the order also covered a portion of the law banning abortions after 15 weeks, according to a court filing Monday on behalf of the clinic by lawyers with the American Civil Liberties Union.

Meanwhile, EMW had been turning away women who are 15 weeks pregnant or more, the filing said. A previously enacted Kentucky law bans abortion after 20 weeks.

EMW and Planned Parenthood, both in Louisville, are the state's only two abortion providers, and filed separate legal challenges to HB 3, arguing it is unconstitutional.

On Tuesday, Jennings granted EMW's request to join Planned Parenhood in a joint challenge to the new law.

Planned Parenthood lawsuit

Jennings' ruling temporarily blocking HB 3 came in the lawsuit filed by Planned Parenthood, which offers abortions services only through 14 weeks of pregnancy.

The judge has scheduled a hearing Monday on Planned Parenthood's request for a preliminary injunction to suspend enforcement of the law beyond the 14 days allowed under her temporary restraining order.

So far, 23 patients 15 weeks pregnant or more have been refused abortions at EMW since the sweeping new law went into effect April 13 with a host of new restrictions for abortion services in Kentucky, its motion said.

One or more such patients per day were being turned away from EMW, the court filing said. Clinic operators have said they counsel patients on other options, such as locating a provider in another state.

And non-profit organizations including the Kentucky Health Justice Network and the A Fund are available to help women locate a clinic and provide financial assistance.

Ruling temporarily blocks Kentucky abortion law

Jennings ordered a temporary suspension of HB 3 that for eight days made Kentucky the only state with no access to abortion after both clinics said they were forced to cease services because the new law took effect immediately.

Abortion services for most patients resumed April 22 at EMW and at Planned Parenthood.

But because Jennings ruled only in the challenge filed by Planned Parenthood, EMW was concerned the ruling doesn't specifically apply to abortions provided after 15 weeks, its motion said.

More: Did Kentucky ban abortion? Here's what to know about the state's restrictive new law

Both Planned Parenthood and EMW filed challenges to the new law immediately after it took effect.

But EMW filed its challenge before U.S. District Judge David Hale, seeking to add it to its ongoing lawsuit challenging two other Kentucky laws from 2019, one banning abortion after six weeks and the other banning abortion because of the race, gender or disability of a fetus.

However, in an order entered Friday, Hale denied the request saying it would "unduly complicate the existing litigation."

So on Monday, EMW's lawyers returned to federal court, asking Jennings' permission to join the Planned Parenthood lawsuit and clarify whether her temporary restraining order applies to the 15-week ban in HB 3.

What's next for House Bill 3?

Jennings advised lawyers Tuesday to be prepared to outline their cases for and against enforcement of the law at Monday's hearing.

Related: Abortion clinic 'safety zone' violations lead to charges, but problems persist, owner says

Parties to the case include Attorney General Daniel Cameron, whose office is defending the law. Cameron has said he opposes any delay in the enforcement of HB 3.

Kentucky has enacted more than a dozen new laws seeking to ban or restrict abortion since Republicans won full control of the General Assembly in 2016.

Meanwhile, abortion opponents remained focused on a Mississippi case that could curtail or overturn Roe v. Wade, the 1973 landmark case that legalized the right to abortion nationwide. A ruling is expected by June.

The Mississippi case bans abortion after 15 weeks of pregnancy although the U.S. Supreme Court has allowed abortion to the point where a fetus is considered viable, generally around 24 weeks.

Reach Deborah Yetter at dyetter@courier-journal.com. Find her on Twitter at @d_yetter. Support strong local journalism by subscribing today: www.courier-journal.com/subscribe.

This article originally appeared on Louisville Courier Journal: Clinic free to resume all abortion services for now with hearing set