Federal Court Affirms Major Pro-Life Legal Victory for Gov. Bevin, Commonwealth

commonwealth of kentucky

Commonwealth of Kentucky
Governor's Office


Media Contact: Nicole Burton

Federal Court Affirms Major Pro-Life Victory
for Gov. Bevin, Commonwealth

Denies abortion clinic's petition for rehearing of HB 2 ultrasound case

FRANKFORT, Ky. (June 28, 2019)
 – In a major pro-life victory for Gov. Matt Bevin and the people of the Commonwealth, the U.S. Court of Appeals for the Sixth Circuit today denied EMW Women's Surgical Center's petition for rehearing of the House Bill 2 ultrasound case.

In April, the Sixth Circuit upheld the constitutionality of HB 2 (2017), which requires an abortion provider to provide mothers with an ultrasound and a description of what it depicts, as well as the opportunity to hear the fetal heartbeat, before she chooses to terminate her pregnancy.

Earlier this month, the Louisville abortion clinic asked the Court to rehear the case en banc (before the entire bench) in a desperate attempt to undermine the Kentucky law, which passed with the support of more than 87 percent of state legislators.

Attorney General Andy Beshear refused to fully defend this law, arguing simply that he should not have to be involved — a position that one member of the Court expressed bewilderment about during oral argument.

In addition to HB 2, Gov. Bevin has worked with the General Assembly to enact several vital pieces of pro-life legislation, including:

  • SB 4 (2016) – requiring informed consent (in-person or via real-time video),
  • SB 5 (2017) – protecting children after 20 weeks of gestation,
  • HB 454 (2018) – banning the gruesome practice of live dismemberment abortion,
  • SB 9 (2019) – banning abortions after a baby’s heartbeat has been detected, and
  • HB 5 (2019) – banning abortions based on race, gender, and perceived disability.

Gov. Bevin's legal team is also currently defending HB 454 (live dismemberment law), SB 9 (fetal heartbeat law), and HB 5 (anti-eugenics law) in federal court.

To access a copy of today's HB 2 ruling by the U.S. Court of Appeals for the Sixth Circuit, click here.

To view a video message from Gov. Bevin about today's pro-life victory, click here.