Missouri Abortion Clinic Law Enjoined
By Liz Townsend

A Missouri law intended to tighten abortion clinic regulations did not go into effect August 28 as originally scheduled. U.S. District Judge Ortrie Smith issued a temporary injunction August 27 delaying implementation of the law, and began hearing arguments September 10 to determine if it should be permanently enjoined.

The law, signed by Gov. Matt Blunt July 6, would classify abortion clinics that take the lives of more than five first-trimester or any older unborn babies each month as "ambulatory surgical centers," subject to more stringent health department regulations and inspections. These abortion clinics would include those that perform either "medical" abortions [i.e., chemical/RU486] or surgical procedures, the Associated Press (AP) reported.

"Abortion is dangerous whether from a chemical pill or a surgical procedure," said Pam Fichter, president of Missouri Right to Life. "Our legislators passed HB 1055 to make sure women get the best health care possible and that every clinic in this state is held to the highest standard. We hope the courts will hold abortion clinics to the same standards of medical care that are required of other clinics."

Planned Parenthood of Kansas and Mid-Missouri and abortionist Allen Palmer, owner of Women's Care Gynecology in Bridgeton, filed suit against the law and asked that it be overturned, according to the Daily Record. The pro-abortionists contended that it would cost them a great deal of money to upgrade their clinics to comply with the new rules, and some might have to close, the St. Louis Post-Dispatch reported.

Supporters of the law insist that the new rules are necessary to ensure women's safety. "The state has a significant interest in protecting the health and safety of women, and that interest should not be impeded because of this litigation," Missouri officials wrote in a brief. "Granting the injunction serves no public interest, since women will not be subject to an undue burden."

When he issued the temporary injunction, Judge Smith questioned whether clinics that only use drugs (such as RU486) for abortions should be subject to surgical-care regulations. "[T]he state has a legitimate interest in regulating facilities that perform surgery, even if the facility in question performs surgical abortions," Smith said August 27, according to the AP. But "[o]f all the establishments that dispense medication (e.g. doctor's offices, pharmacies), why is it only those that dispense medication for the purpose of inducing an abortion that must be prepared to perform surgery?"

Fichter pointed out that "medical" abortions, using abortifacients such as RU486 (mifepristone), can have severe and even deadly side effects. "The drugs are dangerous," she said. "They often require surgical intervention because of incomplete abortions, severe bleeding, and other adverse consequences. The FDA requires abortionists to have surgical facilities available for their patients who take mifepristone. In view of the dangers, it is certainly reasonable for the Missouri Legislature to make these abortionists comply with Missouri's surgical center regulations."

Smith said he plans to issue a ruling by September 24.

Please send your comments to Dave Andrusko at daveandrusko@hotmail.com.