Legal Opinion

EMW Women's Surgical Ctr., P.S.C. v. Beshear

District Court, W.D. Kentucky

Decided September 27, 2017No. Civil Action No. 3:17–cv–16–DJHPublishedCited by 2 opinions

1Opinion of the Court

David J. Hale, United States District Judge

In January 2017, the Kentucky General Assembly hastily passed the Ultrasound Informed Consent Act, referred to as House Bill 2 (H.B. 2).1 (Docket No. 1-1) Although Kentucky already had a comprehensive informed-consent law pertaining to abortions, Ky. Rev. Stat. § 311.725, H.B. 2 amended the existing law to require physicians to perform an ultrasound prior to an abortion procedure; display and describe the ultrasound images; and auscultate, or make audible, the fetal heartbeat. Physicians must comply with these requirements even if a woman does not…

2Cases cited54 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  4. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  5. Washington v. GlucksbergSupreme Court of the United States · 1997

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3Cited by2 opinions

  1. EMW Women's Surgical Ctr. v. Andrew BeshearCourt of Appeals for the Sixth Circuit · 2019
  2. EMW Women's Surgical Ctr. v. Andrew BeshearCourt of Appeals for the Sixth Circuit · 2019

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