LOUISVILLE, Ky. (WDRB) -- A federal judge in Kentucky has extended a temporary ban on the enforcement of a new state law that effectively ended abortions because the state’s two clinics said they can’t comply with all its requirements.
Among other things, House Bill 3 bans abortions after 15 weeks of pregnancy and requires women to be examined by a doctor before receiving abortion pills. It also contains new restrictions and reporting requirements that the Kentucky clinics said they couldn’t immediately follow. Noncompliance can result in stiff fines, felony penalties and revocation of physician and facility licenses.
During a Monday hearing to review the injunction that stretched more than four hours at the federal courthouse in Louisville, some of the wording was reviewed line-by-line as demonstrators gathered outside the courthouse.
The hearing was focused on two issues: compliance and constitutionality.Â
"Several people have said that basically I just want to end abortions in the Commonwealth of Kentucky and the long answer is really, absolutely, yes. But not with this bill. This bill is, as long as abortions are legal in the Commonwealth of Kentucky, I want them to be as healthy as possible for the woman," said State Representative Nancy Tate.
Gov. Andy Beshear vetoed House Bill 3 last month but that was overridden by lawmakers. Not long after, U.S. District Judge Rebecca Grady Jennings temporarily blocked the law. During Monday's hearing, Grady Jennings gave both sides a chance to be heard.
"This is a common sense, pro-life law that protects the health and safety of both the unborn child and the mother. And we're hopeful that many parts of this bill can go into effect," said David Walls, executive director of The Family Foundation.
Council for Louisville's Planned Parenthood said some of the requirements written out are currently "impossible" to follow.Â
"This is a 72-page law that was adopted without any opportunity for us to comply and quite candidly, many portions of the law, the state has left Planned Parenthood, abortion providers in Kentucky, without any possibility of complying or mechanism for complying with those requirements," said Julie Murray, council for Planned Parenthood.
The other part of the hearing argued the constitutional nature of a 15-week ban.
After around four hours of discussion on Monday, Judge Jennings decided to extend the injunction, and asked both sides to return with more information.
"Our understanding is that we will be able to continue operating under an injunction at least for the next couple of weeks while the judge considers what to do moving forward," said Murray.
Kentucky Attorney General Daniel Cameron released a statement following the hearing saying:
"Today, we continued our defense of House Bill 3, the Humanity in Healthcare Act, by arguing that it should be enforced while the legal challenge against it continues. Because this important law protects both the health and safety of women and unborn life, we asked the judge to deny Planned Parenthood’s and EMW’s motions against it.Â
We maintain that there is no reason this law should be stopped from taking effect. The abortion clinics have argued that they cannot comply with any of the law until new reporting forms are created. While we disagree, there is a simple solution. We are hopeful that Governor Beshear and the Cabinet for Health and Family Services will promptly complete the new forms."
Kentucky’s Republican-led legislature passed the new law in March and then overrode Democratic Gov. Andy Beshear’s veto of the measure in April. Both of the clinics resumed abortion services after Jennings temporarily halted the law last month.
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