EMW became the last abortion clinic when Bevin filed a lawsuit against the state's Planned Parenthood in February, claiming the facility had violated state law by performing abortions without a license.
Doug Hogan, spokesman for the Kentucky Cabinet for Health and Family Services, said the cabinet is "surprised and disappointed" by the temporary restraining order granted "without input from the Cabinet and without first ascertaining the status of communications between both parties".
A judge appointed to the bench by then-President Barack Obama has issued a temporary injunction against the enforcement of a compliance order that would result in the closure of the last abortion facility in Kentucky. Now a judge will determine if the reasons for the state revoking the clinic's license are constitutional or not.
University of Louisville Hospital a year ago backed out of a transfer agreement with Planned Parenthood to accept patients, citing outside pressure, but said it would not turn away any patient in an emergency.
Attorney Donald Cox, who represents EMW, said that it appeared that the judge recognized women's rights to have an abortion.
The state's new finding that the agreements are deficient amounts to a "bureaucratic sleight of hand", said Brigitte Amiri, a senior staff attorney with the ACLU Reproductive Freedom Project.
The law that Kentucky used to attempt to shut down the clinic - requiring the clinic to have business arrangements with a hospital - is very similar to Texas laws that the Supreme Court recently struck down in the Whole Woman's Health v. Hellerstedt decision.
Gov. Matt Bevin's administration is seeking to shut down Kentucky's only abortion provider, prompting a federal lawsuit by the clinic to block the move it says would have "a devastating impact on women".
The cabinet has alleged "technical" deficiencies in EMW's transfer agreements with local hospitals and an ambulance service, a condition state law sets for a license to perform abortions. His arrogant, self-righteous abuse of power threatens Kentucky women's health and their constitutional right guaranteed by Roe v. Wade, to terminate a pregnancy. "We are fighting to keep this from happening".
Last year, the state renewed the clinic's license through May 2017.