The 2-1 ruling from the 6th U.S. Circuit Court of Appeals reverses a 2018 district court ruling that found the law, first passed in 1998, violated constitutionally protected due process rights.
EMW Women’s Surgical Center first challenged the law in 2017 after a licensing fight with then-Gov. Matt Bevin (R). EMW was the only clinic that provided abortions at the time, and Bevin claimed that it lacked proper transfer agreements and took steps to shut it down.
Planned Parenthood of Indiana and Kentucky joined the suit later on, claiming that Bevin had used these transfer agreements to block its request for a license to provide abortions. After Democratic Gov. Andy Beshear took office in 2019, the two clinics were allowed to provide abortions.
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