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Kaiser Daily Women's Health Policy
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State Politics & Policy | Federal Judge Temporarily Blocks Enforcement of Missouri Abortion-Related Measure
[Sep 20, 2005]

      U.S. District Court Judge Nanette Laughrey on Friday in Jefferson City, Mo., issued a temporary restraining order blocking enforcement of a Missouri law (SB 1) aimed at placing restrictions on abortion providers and minors seeking abortions outside of the state, the Kansas City Star reports (Murphy, Kansas City Star, 9/17). Missouri Gov. Matt Blunt (R) on Thursday signed the measure, which allows civil litigation to be brought against anyone who helps a minor obtain an abortion outside of the state without parental or judicial consent. It also requires abortion providers to obtain hospital privileges within 30 miles of their clinics, and the law redefines who can assist a minor in seeking judicial bypass to circumvent the state's parental consent law. The intent of the provision is to prohibit minors or those who work with or volunteer at abortion clinics from being able to help a minor obtain the procedure. The Center for Reproductive Rights on Thursday filed a lawsuit in the district court on behalf of the Springfield Health Care Center seeking an injunction to prevent the law from taking effect. The suit says that the law unconstitutionally prevents people from helping minors, and it challenges the hospital privileges provision (Kaiser Daily Reproductive Health Report, 9/16). Another lawsuit challenging enforcement of the law -- filed in Jackson County Circuit Court by Planned Parenthood of Kansas and Mid-Missouri, Planned Parenthood of the St. Louis Region and several other organizations that provide abortion counseling or abortions in Missouri -- has yet to have a ruling or hearing (Lieb, AP/Yahoo! News, 9/17).

Ruling Details, Reaction
Laughrey said that the law threatens "immediate and irreparable harm" to Springfield Health Care Center and "threatens an immediate chilling effect on all abortion counseling within Missouri and nearby states until the scope of the provision can be determined." The temporary restraining order will stop the law from taking effect while its legality is decided in court. State Sen. John Loudon (R), who sponsored the bill, said the ruling is "classic judicial activism," adding that he is confident the law will withstand further court review. Blunt spokesperson Jessica Robinson said, "We stand by this good pro-life law that will reduce the number of abortions in our state and look forward to debating its merits before the court" (Franck, St. Louis Post-Dispatch, 9/16). Springfield Health Care Center Administrator Michelle Collins said about the ruling, "I can tell you we are absolutely ecstatic," adding, "We will be providing surgeries on Monday, and it will be business as usual" (AP/Yahoo! News, 9/17).

For current women's health policy news, visit the National Partnership for Women & Families' website.


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