LOUISVILLE, Ky. (WDRB) -- It was a packed Louisville courtroom on Wednesday for the legal battle over the judge's ruling that put Kentucky's abortion law on hold.

At a hearing in Jefferson Circuit Court on Wednesday, Judge Mitch Perry heard arguments on the temporary injunction he put in place last week that is currently blocking Kentucky's trigger law on abortions.

Attorneys for the EMW Women's Surgical Center called an expert witness, Dr. Ashlee Bergin, a UofL Health OB/GYN, who is an abortion provider the clinic. She testified about abortion practices and fielded questions from both the plaintiff and Victor Maddox from the Kentucky Attorney General’s Office.

Bergin answered questions about the potential dangers of pregnancy and childbirth for some women and how it impacts a woman’s body. Her testimony included information about pre-existing conditions, serious complications and deaths. Bergin testified that patients who are denied abortions are put at risk for all of the complications she discussed earlier on the stand.

Kentucky's trigger law only allows abortions if the mother’s life is at risk. Bergin said she believes that language is "vague and confusing." 

She said watching someone suffer to that point goes against all medical principles.

“Abortion is essential medical care, and people have the right to determine whether or not they want to care children and the number and spacing of those children. To that end they deserve access to information, education and access to the full spectrum of reproductive healthcare to make those decisions for themselves,” Bergin testified. 

Bergin estimates she performs around 1,200 abortions per year at EMW. She testified that about 200 patients were turned away from the clinic between the time Roe v Wade was overturned and when the emergency restraining order was granted.

Under cross examination by Maddox, Bergin was asked about the D&E or dilation and evacuation, which Maddox referred to as "dismemberment." Lawyers for the EMW clinic objected, but the judge allowed it. Bergin referred to the procedure as "tissue separation" but testified it’s the same thing.

Maddox also asked Bergin about the heartbeat of the fetus and asked if Bergin considers the fetus a patient. Bergin said she does not see it that way. The doctor was also asked about her beliefs regarding when life begins. Bergin answered that she hadn't given it much thought.

The AG's office also called Dr. Monique Chireau Wubbenhorst, an experienced OB/GYN to testify, as an expert witness. She testified on the development of a fetus and rebutting the argument that abortion is safer than childbirth.

“Abortion is not healthcare. Healthcare is defined as procedures and care that palliate, prevent or treat a disease. Abortion does none of those things. It’s a procedure that has intent to destroy a human being,” Wubbenhorst testified. 

Attorneys for the EMW clinic also called Dr. Jason Lindo, an economics professor at Texas A&M, as an expert witness. He focused on the impact the Kentucky abortion ban would have on vulnerable populations and the economic impact of the ban on Kentucky including the cost of prenatal care and parenting classes.

Lindo testified about the numbers of women below the poverty line that seek abortions. He also noted that Black and Hispanic women are over-represented in abortion statistics. Lindo said 87.2% of women getting abortions in Kentucky in 2020 were not married.

There’s currently an emergency restraining order in place blocking the law, so abortions are taking place in Kentucky. Attorneys on both sides believe the hearing could last several days.

The hearing comes hours after the Kentucky Supreme Court denied a request by the Attorney General Daniel Cameron to reinstate Kentucky's Human Life Protection Act and Heartbeat Law, which took effect shortly after the U.S. Supreme Court's ruling overturning Roe. V. Wade.

Cameron asked the state Supreme Court to reinstate the ban after an appellate court denied his appeal over the weekend.

Last week, Jefferson County Circuit Court Judge Mitch Perry granted a temporary restraining order to block the law. Attorneys for the two abortion clinics in Kentucky argued the state's constitution protects the right to an abortion. In defending the state law, Cameron’s legal team said no such constitutional right exists. 

The battle in state courts over abortion services may be a stopgap effort. In November, Kentucky will vote on a ballot initiative that, if ratified, would establish that no state constitutional right to abortion exists.

Related Stories:

Copyright 2022 WDRB Media. All Rights Reserved.