Eubanks & Marshall of Lexington, PSC d/b/a EMW Women's Surgical Center v. Commonwealth of Kentucky ex rel. Cabinet for Health & Family Services (KY 2016)

Kentucky law requires abortions to be performed at healthcare facilities licensed by the Cabinet for Health and Family Services; however, private physicians’ practices are exempt from this licensing requirement (see: KY Rev Stat § 216B.0431). The Cabinet brought suit against EMW Women’s Clinic of Lexington, Kentucky, to force it to comply with the licensing requirement and requested a temporary injunction to prevent the clinic from performing abortions until the courts determined its legal status as either an abortion provider (which would require the license), or a private practice. The Fayette Circuit Court denied the Cabinet’s request for an injunction, but the Kentucky Court of Appeals reversed and imposed the requested injunction, finding that the Cabinet was entitled to a presumption of irreparable injury because it demonstrated a “reasonable probability” of injury without the injunction. The Kentucky Supreme Court affirmed, finding that the Court of Appeals had not abused its discretion. The opinion in this case is unpublished and is for educational purposes only. 

Topics

• Abortion and reproductive health rights

Geographical location

• North America
• United States
• Kentucky

Keywords

• access to healthcare
• abortion restrictions
• medical and health vulnerability of pregnant women

Year

• 2016

External URL

• Eubanks & Marshall of Lexington, PSC d/b/a EMW Women's Surgical Center v. Commonwealth of Kentucky ex rel. Cabinet for Health & Family Services (KY 2016)

Court

• Supreme Court of Kentucky

Type

• Domestic Case Law

Jurisdiction

• Kentucky