Bevin administration files brief to prevent injunction on abortion bill

05/09/2018 01:46 PM

FRANKFORT- The Bevin administration has filed a brief in opposition to the motion for a preliminary injunction filed by the ACLU and a Louisville abortion clinic to prevent House Bill 454 from going into effect.

The law bans physicians from providing the abortion method known as dilation and evacuation, or “D&E”. The new law was sponsored by Rep. Addia Wuchner, R-Florence, and bans the method which involves removing the fetal and placental tissue with a combination of suction and instruments 11 weeks or later into the pregnancy.

The brief argues that if the bill does not go into effect, unborn children will continue to die in a gruesome way through a practice that “would be punishable as a crime were the subject an animal rather than an unborn human.” The brief goes on to to say that HB 454 is in the best interest of the state because it protects the dignity of the unborn and ensures doctors’ ethics remain intact.

“This gruesome procedure, which rips apart a live, unborn child, is antithetical to everything that we stand for as a civilized society,” said Steve Pitt, Gov. Bevin’s general counsel. “H.B. 454 recognizes the dignity of human life and provides an alternative method for performing dilation and evacuation (D&E) abortions that does not subject the unborn to the torture and agony of being dismembered while alive.”

House Bill 454 was signed into law by Gov. Bevin on April 10, but was quickly challenged by the ACLU. The ACLU filed a lawsuit saying the state law “imposes serious harm on women’s health and dignity and will continue to do so every day it remains in effect.”

Bevin has said Attorney General Andy Beshear, D-Kentucky, will not defend the law in court. In response to that statement, Crystal Staley from the Office of the Attorney General released the following statement.

“This is the second straight day of personal attacks by Gov. Bevin. Once again he simply doesn’t understand the law. A lawsuit filed in opposition of a state law is properly filed against and defended by the state agency that enforces that law. That agency can request that the Attorney General’s Office represent it in the action. In the current lawsuit, the Office of the Attorney General has no enforcement authority and therefore is not a proper party. Proper parties have not sought our services, and are using other lawyers.”

Michon Lindstrom

Michon is a producer for Pure Politics. Michon comes to Kentucky from Springfield, Illinois where she served as the statehouse reporter for the NBC affiliate. During her time in the Land of Lincoln she covered the state’s two year budget impasse and the largest school funding overall in Illinois history. Pure Politics airs weeknights at 7 and 11:30 on Spectrum News. Follow Michon on Twitter at @MichonLindstrom or reach her by email at


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