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Last day of testimony for EMW Women's Surgical Center case

LOUISVILLE, Ky. (WHAS11) -- Testimony has ended in a federal trial that could decide whether Kentucky becomes the nation's first state without an abortion facility.

The last witnesses took the stand this afternoon in the case of EMW an abortion provider in Louisville who sued Governor Matt Bevin claiming regulations required to get an abortion license were unconstitutional.

The case revolves around a licensing fight between the state and EMW Women's Surgical Center in Louisville.

The clinic is challenging a law requiring abortion facilities to have transfer agreements with a hospital and an ambulance service.

"Well we feel very good about how the proof went in we think that neither Planned Parenthood or EMW even came close to meeting its burden of proof in this case which is to overcome the strong presumption that a statute passed by the general assembly is constitutional,” Stephen Pitt, General Counsel for Gov. Bevin, said.

When asked if he intended to appeal after a possible loss, Don Cox, EMW’s attorney, laughed and said he did not intend to lose.

Attorneys now have 60 days to present post-trial briefs to the U.S. District Judge.

The judge heard the case without a jury.

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