Federal Judge Temporarily Enjoins New Missouri Abortion Law
Part One of Two

Depending on your perspective, yesterday's decision by U.S. District Judge Ortrie Smith to preliminarily enjoin Missouri's new abortion law is a win for pro-abortionists, a win for pro-lifers, or a draw. What probably can be said for certain is that (as the pro-abortion St. Louis Post-Dispatch put it), "A new Missouri law imposing added restrictions on abortion clinics will remain in limbo for at least two months while two abortion providers and state health officials negotiate over some of the law's provisions."

Last month, Judge Smith issued a temporary injunction delaying implementation of HB 1055 which is intended to tighten abortion clinic regulations. The law, signed by Gov. Matt Blunt July 6 and intended to go into effect August 28, 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. This would include clinics that perform either medical  abortions (meaning chemical/RU486 abortions) or surgical abortions.

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."

"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."

Judge Smith said a number of things in his decision Monday. He noted "the Department of Health and Senior Services has expressed a willingness to consider exceptions to some of its physical building requirements," according to the Associated Press (AP). "He directed abortion providers to apply for specific waivers and directed the state to consider those requests while explaining to clinics what they can do that would be satisfactory."

Planned Parenthood has 30 days to tell the health department exactly what regulations it wants waived and the department has 30 days to respond. According to the AP, "The judge said that if either the department or the abortion providers believe they cannot reach a compromise on the specific regulations and exemptions, they can later ask him to drop the preliminary injunction or issue a permanent injunction."

The challenge to HB 1055 was filed by Planned Parenthood of Kansas and Mid-Missouri (which operates clinics in Columbia and Kansas City) and, later, by abortionist Dr. Allen Palmer, whose Women's Care Gynecology is located in Bridgeton, a suburb of St. Louis. Palmer insisted the new regulations would be prohibitively expensive while Planned Parenthood argued that its Kansas City clinic, which performs only chemically-induced abortions, ought not to be covered by the regulations.

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

Part Two