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Kaiser Daily Women's Health Policy
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In The Courts | Missouri Circuit Judge Rules Abortion-Related Law Constitutional
[Nov 21, 2005]

      Jackson County, Mo., Circuit Judge Charles Atwell on Thursday ruled constitutional state law (SB 1) that allows civil litigation to be brought against anyone who intentionally assists a minor in obtaining an abortion without parental or judicial consent -- constitutional, the AP/St. Louis Post-Dispatch reports (AP/St. Louis Post-Dispatch, 11/18). However, Atwell said the law is only constitutional with judicial limitations that protect free speech, and he issued an injunction stopping enforcement of the law until a higher court rules on the case (Lambe, Kansas City Star, 11/17). Planned Parenthood of Kansas and Mid-Missouri last month filed a lawsuit challenging the law, saying it could financially cripple some Planned Parenthood affiliates. PPKMM attorney Eve Gartner argued that counselors who discuss abortion with pregnant girls, whether or not the girls undergo abortion, could be considered to have violated the law. Atwell on Nov. 7 issued a preliminary injunction blocking the state from implementing the provision while he considered the issues of the case (Kaiser Daily Women's Health Policy Report, 11/9). Atwell said the law is unconstitutional, as it infringes on the right to free speech and due process for people who provide information and counseling to girls, and said providing information on reproductive rights would be protected. However, he said the law would be constitutional if it were interpreted with his judicial restraints. Atwell's said that a lawsuit only could be brought against someone if they were familiar with the law and if they knew the girl being counseled was under 18 and also was trying to circumvent the consent requirement. "[T]he court, with substantial trepidation, finds that (the law) is constitutional" with those restrictions in place, Atwell wrote (Lambe, Kansas City Star, 11/18). In his ruling, Atwell also questioned if his interpretation is "a legitimate act of judicial interpretation or does it constitute a rewriting (of the law) infringing upon the powers clearly invested in the legislative branch?" (Kansas City Star, 11/17). A Planned Parenthood spokesperson said the group will appeal Atwell's ruling (AP/St. Louis Post-Dispatch, 11/18).

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


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