States must apply newly passed abortion ban
Many states have already declared similar laws unconstitutional.
Published April 27, 2007
The U.S. Supreme Court's April 18 decision to uphold the Federal Partial Birth Abortion Ban Act of 2003 was the first time the court has allowed a specific abortion procedure to be outlawed. Now that decision must be applied to the states, many of which have ruled similar abortion legislation unconstitutional.
A 1999 Missouri law to ban the same procedure passed over a gubernatorial veto, but the U.S. Court of Appeals for the 8th Circuit ruled it unconstitutional in 2005. The law, which banned partial-birth abortion and created the crime of "infanticide," was deemed unconstitutional because it did not contain an exception to perform the procedure to preserve the health of the mother, said Scott Holste, spokesman to Attorney General Jay Nixon.
The dissenting opinion in the recently decided U.S. Supreme Court case also held the same reservation. But state legislatures are now able to ban the late-term pregnancy abortion procedure.
Holste said he expected the court to lift the injunction it issued against the Missouri law that has prevented its enforcement. Nixon's office filed a motion Monday with the 8th Circuit Court to lift the injunction.
"We don't know how soon the court will take up this issue," Holste said. "But we believe we'll get a ruling fairly quickly."
Another abortion bill, sponsored by Rep. Therese Sander, R-Moberly, passed through the House on Monday. The proposed law would prohibit using a sexual-education curriculum from an abortion provider in schools and would allow schools to offer sexual education consistent with federal abstinence law.
The proposed bill would also bring abortion clinics under the same state regulation as other surgical facilities and establishes the Missouri Alternatives to Abortion Services Program.
"The alternatives to abortion services program shall consist of services or counseling to pregnant women and continuing for one year after birth to assist women in carrying their unborn children to term instead of having abortions, and to assist women in caring for their dependent children or placing their children for adoption," the bill states.
Some of the services that would be established by the bill include prenatal care, medical and mental health care, parenting skills, childcare, adoption assistance and job training.
"My perspective is that life is sacred and we should protect life," Sander said. "I'm going to do whatever I can to assist women who find themselves in crisis pregnancies."
Sander said there is the will to pass the bill in the Senate and that doing so is a priority.
Abortion is probably the most prolific topic in the Missouri General Assembly because it might have more bills than any other issue, Rep. Judy Baker, D-Columbia, said. Even so, she said the Supreme Court ruling was narrow and probably hasn't had much effect on the type and quantity of abortion legislation in the state.
"We have a lot of abortion legislation every year," Baker said. "But we haven't had any legislation to outlaw abortion outright that has been pushed."
Baker said instead of focusing on limiting certain types of abortions, she'd like to see more emphasis put into programs reducing the number of pregnancies.
"The single most effective way to reduce abortion is to emphasize prevention," Baker said.
Sander said the Supreme Court decision had no effect on the passage of her bill, and it would have passed anyway.
"I don't think that decision has any effect on whether we try to pass pro-life legislation," Sander said. "As long as we have people like we do now in the legislature, there will continue to be the will to pass pro-life legislation regardless of the obstacles in front of us."
