Two Lives

The political world was rocked earlier this week when a draft majority opinion, the authenticity of which was subsequently confirmed by the Chief Justice, was leaked to the press.  For those of us in the legal community, any leak from SCOTUS would have been stunning, but a leak on this case, which may upend 49 years of court precedent set by Roe v Wade, was earth shattering.

The pro-life and pro-abortion camps responded swiftly, with either immense joy or apoplectic rage.  I am firmly in the pro-life camp.  I learned of the leaked opinion Monday night at the Alpha Pregnancy Care Center annual fundraising banquet, one of many crisis pregnancy centers across Kentucky.  Moments from the banquet’s conclusion I saw the news break and handed my phone to our keynote speaker; he promptly walked back on stage and in words broken by tears of joy, read the headline to the crowd which responded with a standing ovation.  That moment is one I won’t soon forget.

A room of several hundred people from various faiths stood in united in celebration of the news that a court-made doctrine resulting in the deaths of tens of millions of unborn children may finally be overturned.  Apart from the incalculable human tragedy it brought forth, Roe was poorly decided and wrongly established the “history and tradition” of abortion in our nation prior to 1973.  Even one of the greatest defenders of abortion rights, Justice Ruth Bader Ginsburg, once described Roe as “breathtaking.”

In short, Justice Alito’s draft opinion argues the decision to permit, limit, or prohibit abortion is one that should be left to the elected representatives of the people, not the Courts.  Justice Alito is right.

Quick to criticize Kentucky’s Republican legislature about their position on abortion, the media has adopted popular references to “anti” abortion legislation and abandoning the “pro-life” label we know is the truth.  We vote to limit abortion, and some of us want it banned outright, because we believe there are two lives that must be considered. It is grotesque to perform horrific procedures on a human being that cannot speak for or defend itself. That precious life did not choose under what circumstances it was created, and it should not be murdered by another.  The post-abortive women I’ve spoken to also share their feelings of guilt, shame and emotional trauma they endure having made the decision to end their own child’s life.  Abortion kills one life, and permanently scars another.

Neither the degree of development, nor one’s dependence upon another, has a bearing on one’s right to live. Many argue Republicans only care for lives in the womb, but once they’re born, we lose interest; this theory is as false as it is lazy.  Kentucky Republicans have enhanced our child welfare, foster care and adoption systems, led the nation in restoring dignity for expectant mothers in prison, prioritized mothers in substance use treatment centers, and improved mental health supports and made time for children to start the day with a healthy breakfast in schools,

We can and should do more.  Women and families facing crisis pregnancies, particularly those with low income, need more help, including prenatal and postnatal care.  Adoption should be exceedingly cheap and simple. Biological fathers should also be held more accountable. Kentucky has nearly 9,000 children in foster care today that need loving, permanent homes. Beyond government, each of us should show love and grace to women facing unplanned pregnancies, and those who have already made that life-altering decision. Many women seeking abortions are doing so because they fear the judgment or abuse from their loved ones, school, community, and sadly, even their church.

While we work to make life easier for expecting moms and dads with funding, education and job opportunities, we should always protect the precious lives who cannot speak for themselves.  Protecting those lives is challenging, and for some mothers, carrying the child may be emotionally and physically challenging.  That demands more from us as neighbors, loved ones, and as government leaders, to lighten the burden an unplanned pregnancy creates.  We should never resort to killing an innocent life to do so.  

How to Respond

Like the rest of the nation, I’ve watched the events of the last few weeks unfold in horror. I certainly am thinking as a citizen, a former prosecutor, and as a senator, about what’s happening, what has gone so wrong, where others have made mistakes, what kind of bills I could file or grant a hearing to to advance the cause of racial equality. But all of those are a distant second place in my mind. I am troubled most about the state of the things as the father of two perfect, funny, loving, very busy, brown children.

I’ve watched our five year old learn about all kinds of things, and we’ve done our best to teach her all the important things in life that all five year olds should know. Above all, we tell her often how much we love her, and how much God — who designed and intended every part of who she is — loves her. We do the same for her two and half year old brother. Hadley, our daughter, became part of our family at birth through a traditional adoption. Hayes became part of our family even earlier than birth through embryo adoption. They are our kids. They know Amanda and me as “momma” and “daddy”. When and how do you tell my brown kids that a part of the world sees them as less than? Our kids are too young to try to explain the unimaginable tragedies of George Floyd, Breonna Taylor and Ahmaud Arbery, but they won’t always be. At some point we’ll have to do what Momma’s and Daddy’s of black and brown kids all over America have to do everyday; break their children’s hearts with the truth. Big parts of this great nation will, seemingly, always view them as inferior to people who look like Amanda and me. Institutions that white people rely upon and trust do not universally favor and work for the good of brown and black kids and adults.

We don’t know how to do it. We don’t want to do it. I said as much to a black friend of mine a few nights ago by text message and he replied simply with “You will find a way. Remember ‘Love never fails.’” He is absolutely right. And while I still don’t know how we’ll do it when the time comes, I pray our love (and we know God’s love) will be sufficient. “Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It does not dishonor others, it is not self-seeking, it is not easily angered, it keeps no record of wrongs. Love does not delight in evil but rejoices with the truth. It always protects, always trusts, always hopes, always perseveres. Love never fails.”

The time to talk to our kids about the world isn’t yet upon us. But there’s nothing from stopping me from taking action right now. Anne Frank wrote in her diary “how wonderful it is that nobody need wait a single moment before starting to improve the world.” I serve in the Kentucky State Senate, and I chair the Senate Judiciary Committee, and the time is certainly ripe for action there. We must be willing to examine the mistakes we’ve made over two centuries in the General Assembly. I must be willing to examine my own failures to push hard enough (or in some cases to act at all) to eliminate systemic inequalities of Kentucky state government. We need to be prepared to listen, and to act.

Over the last few years I’ve tried to advance legislation that would address an issue I didn’t know existed when I first came to the Senate eight years ago: disproportionate minority contact, or “DMC.” But there are other proposals that deserve to be debated. Perhaps we should require a review of enacted bills to verify that it does not have a disproportionate impact on minority Kentuckians. Maybe we should include sunset clauses on bills if a disproportionate impact surfaces. We should eliminate the automatic transfer of juveniles to circuit court as youthful offenders. We should, finally, fully prohibit the use of detention for status offenders. I suspect there is no shortage of legislation we could consider in 2021 and beyond. The use of force, no-knock warrants and body cams are certainly at the front of many minds right now, and for good reason. I don’t have all the answers, and government alone can’t fix every problem, but people across the Commonwealth are sharing ideas and suggestions and we should be willing to consider any that may advance the cause of justice and racial equality.

“How wonderful it is that nobody need wait a single moment before starting to improve the world.”

— Anne Frank

I will not condone rioters and looters and violence, and I will not condone those intentionally inciting and inviting those demons. But peaceful protestors are doing what peaceful protestors have done for generations; peacefully seeking to be heard, peacefully seeking to right a wrong. George Floyd, Breonna Taylor and Ahmaud Arbery are just the most recent, most visible examples of generations of wrongs. James wrote in his letter “...everyone should be quick to listen, slow to speak and slow to become angry...”. I will strive to be quick to listen to those suffering from racial inequality, and do my best to understand their perspective, as much as a white man can. They have this senator’s, this father’s, attention. I may not move the needle much, but as long as our kids see that I’m trying to move it at all, that might make all the difference.

2020 — Week 1

The first week of the 2020 Regular Session of the Kentucky General Assembly has come to a close. We had a productive week in Frankfort and left with confidence in what the session has in store. It was a pleasure to begin the session on Tuesday with a visit from the 100th Army Band from Fort Knox, who performed an extraordinary rendition of "My Old Kentucky Home" and our National Anthem.

As with the early stages of any session of the General Assembly, some procedural measures were in order. The Senate members have listened to feedback from our constituents and have prioritized several pieces of legislation that are hopeful of passing this session. Those bills, among others, were assigned to their respective committees this week. Committee hearings begin next week and provide the public an opportunity to hear about the legislation.

The legislation I have or intend to file is of significant importance to me. One, in particular, is Senate Bill 9, the Born Alive Infant Protection Act. This bill would require that physicians and other health workers to do everything possible to save the life of an infant born alive after a failed abortion attempt. I am proud to be the sponsor of this crucial legislation to protect and provide dignity to those most in need of it. 

As your Senator in District 3, I also feel it is essential to provide dignity to crime victims by allowing them a seat at the table within the criminal justice process. I have once again filed legislation in support of a victim's rights constitutional amendment, known as Marsy's Law.  Both the Kentucky General Assembly and more than 800,000 (63%) Kentucky voters overwhelmingly supported Marsy’s Law in 2018. Victims across the Commonwealth breathed a sigh of relief knowing they would be afforded the constitutional rights they deserve. Unfortunately, the Kentucky Supreme Court overturned the clear will of the people on a technicality which ignored more than a hundred years of established legal precedent. It is important to note that the Supreme Court made no ruling on the substance of Marsy’s Law. And, the General Assembly willing, Kentucky voters will have another opportunity to support this important amendment for crime victims on the 2020 ballot. 

Bills must be presented at a public committee meeting and passed with a majority vote before heading back to the Senate to be voted on by the entire Senate body. If the bill is approved by the Senate, it heads to the Kentucky House, where the same process occurs. Once a bill is passed by both chambers it is submitted to the Governor for his signature or veto.

The proverbial elephant in the room for the 2020 session is, of course, the General Assembly's duty to pass a balanced two-year budget and two-year road plan. My colleagues and I in the Kentucky Senate are working diligently with members of the Kentucky State House in preparation for this crucial responsibility.  We are eager to hear the Governor’s budget address before a joint session of the General Assembly on January 28th, and get the budget process moving.

As always, if you have any questions or comments about these topics or any other public policy issue, please call me toll-free at 1-800-372-7181 or email me at Whitney.Westerfield@LRC.ky.gov.  You can also review the Legislature’s work online at www.legislature.ky.gov and live stream the proceedings and committee meetings of both chambers using the KET app or online at https://www.ket.org/legislature. 

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Note: Senator Whitney Westerfield (R-Hopkinsville) represents the 3rd District including Christian, Logan, and Todd counties. He is the chairman of the Judiciary Committee. Senator Westerfield also serves as a member on the Veterans, Military Affairs and Public Protection Committee; the Agriculture Committee; the Capital Planning Advisory Board; the Natural Resources and Energy Committee; the Tobacco Settlement Agreement Fund Oversight Committee; the Program Review and Investigations Committee; the Child Welfare Oversight and Advisory Committee; the Public Assistance Reform Task Force, and as a liaison member of the Budget Review Subcommittee on Justice and Judiciary. For a high-resolution .jpeg of Senator Westerfield, please visit https://legislature.ky.gov/Legislators%20Full%20Res%20Images/senate103.jpg

Senator Whitney Westerfield Announces Re-Election Bid

CROFTON, KY — Republican state Senator Whitney Westerfield will seek re-election to Kentucky’s 3rd Senate district for a third term in office. His campaign will focus on continuing to achieve real results for the district and upholding conservative values.

Westerfield serves Christian, Logan, and Todd counties in Frankfort. He is also a life-long resident of Christian County and has been widely regarded as a workhorse for his district. “I am extremely grateful for the support I have received here at home,” said Westerfield. “Since 2013, I have helped pass bipartisan legislation, fought hard for government transparency, protected the unborn, worked to improve public safety, and promoted economic opportunity for the families in our district. I am as ready as ever to take your voices to Frankfort and lead the charge towards solving our most pressing issues.”

Westerfield has served as chairman of the Senate Judiciary Committee throughout his time in office. He sponsored Senate Bill 200 in 2014, which brought about the largest reform to Kentucky’s juvenile justice system in 30 years.

“Slow and steady wins the race,” said Westerfield. “Being a successful legislator requires persistence, which is why I’ve filed for re-election. I have been fortunate to see legislation come to fruition that has been years in the making. I promise to continue expanding opportunities for struggling Kentuckians and reforming policies that inadequately address the real issues our communities face.”

Westerfield’s current term in office stretches through 2020, when state lawmakers will be expected to write a new budget. “We have a Republican majority in Frankfort and a new, Democratic governor at the helm,” said Westerfield. “Looking at that dynamic alone, I can anticipate the challenges that will lie ahead. However, the good people of Western Kentucky expect their state leaders to find common ground.”


Westerfield has been an active member of the Kentucky Bar since October 2006. Because of his practical experience as a local attorney, his legislation has focused largely on improving the justice system and developing services that protect victims of crime. Westerfield’s prosecutorial record has included successful convictions on charges ranging from misdemeanors to homicide.

Kentucky's state Senate elections will take place in 2020. For more details on Senator Westerfield’s record and this campaign, please visit WhitneyWesterfield.com.

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Follow the Money

Less than 3 weeks away from the May Primary Election and the truth about one of the Democratic candidates for Governor finally finds its way to light.

Andy Beshear owes his political success, in part, to blood money from Purdue Pharma. We know his former firm was defending Purdue — the maker of the deadly oxycontin — against Kentucky. We know the outgoing AG’s office settled the “billion-dollar case” for peanuts because Purdue’s former lawyer just won election as Kentucky’s newest Attorney General and would be in charge of the lawsuit on the other side; a tremendous conflict of interest. We know Andy Beshear has repeatedly bragged, until Oklahoma’s recent $270 million settlement with the drug manufacturer, about how Kentucky’s was the largest settlement (at a paltry $24 million) in the country. We also know that Andy has repeatedly denied any connection with Purdue in his law practice.

The same cannot be said for his campaign to be AG. Three weeks out from Election Day, when the race was effectively tied, Andy’s good friends at Purdue Pharma dropped $100,000 to the Democratic Attorneys General Association (DAGA):

DAGA’s Form 8872, Year-End Report (2015), available here.

The very next day, DAGA sent a cool $250,000 to the Bluegrass Democratic Attorneys General Association, a PAC established to help Andy:

KREF Report

And on that same day, the Bluegrass DAGA sent the $250,000 to a SuperPAC formed to help Andy called the Bluegrass Alliance for Consumer Rights:

KREF Report

Andy Beshear should be ashamed. Maybe a call gets made near the end of the close campaign and a client arranges for some last minute help. Andy benefited from a timely donation of $100,000, earned from the addiction to a drug that was shamelessly and ruthlessly marketed and sold across the country, irreparably harming so many families in Kentucky alone.

• Purdue Pharma blood money

• Defending child abusers by blaming victims

• A corrupt lieutenant serving federal prison time

• Accepting donations from the corrupt lieutenant

This man does not deserve to be a public servant, much less the Governor of the Commonwealth.