Eubanks & Marshall, PSC v. Commonwealth

Kentucky law requires abortions to be performed at healthcare facilities licensed by the Cabinet for Health and Family Services, but private physicians’ practices are exempt from this licensing requirement. 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 physician’s officer. 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.