U.S. District Judge Scott Wright on Friday ruled Missouri's ban on so-called "partial-birth" abortion unconstitutional because the law does not include an exception to protect the health of pregnant women, the St. Louis Post-Dispatch reports (Kim, St. Louis Post-Dispatch, 7/9). Under the 1999 law, which is called the Missouri Infant's Protection Act and has never been enforced, individuals who cause "the death of a living infant ... by an overt act performed when the infant is partially born or born" could face charges equal to murder. In the appeal, Planned Parenthood argued that the law violates the 1973 U.S. Supreme Court Roe v. Wade decision and is unconstitutional. In November 2002, the Eastern District of the Missouri Court of Appeals reversed a lower court's decision in the case and because the Missouri law did not provide an exception to save the life or health of the pregnant woman (Kaiser Daily Reproductive Health Report, 3/10/03). Scott said that he based his decision on the 2000 U.S. Supreme Court ruling in Stenberg v. Carhart that struck down a similar Nebraska law for lacking a health exception, according to the AP/Kansas City Star (AP/Kansas City Star, 7/11). "This court must conclude the Missouri Infant's Protection Act is unconstitutional because it makes no exceptions for situations where the banned procedure is the most appropriate to preserve the health of a pregnant woman," Wright wrote, according to the Post-Dispatch.

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Paula Gianino, president of Planned Parenthood of the St. Louis Region, said the ruling was a "victory for women and women's health," adding, "We are relieved and grateful that the court was able to see through this dangerous and deceptive bill." Patty Skain, executive director for Missouri Right to Life, said that she was "not surprised" by the ruling, adding, "Claiming that [the law] needs a health exception to be constitutional is just a red herring. It's something that they can put the reason for this decision on." Skain said that Missouri Attorney General Jay Nixon (D) should appeal the ruling, according to the Post-Dispatch. Scott Holste, a spokesperson for Nixon, said that the ruling is being reviewed (St. Louis Post-Dispatch, 7/9).