Abortion regulation suspended
Published Aug. 28, 2007
Abortion-rights advocates scored a small victory Monday.
The 8th U.S. District Judge Ortrie Smith issued a temporary restraining order on a Missouri law that would have forced Planned Parenthood of Kansas and Mid-Missouri to stop providing abortion services at its Kansas City, Mo., and Columbia health centers, said Michelle Trupiano, Planned Parenthood of Kansas and Mid-Missouri spokeswoman.
Planned Parenthood is suing Missouri over the law, but asked for a temporary restraining order so that its Columbia and Kansas City centers can remain in operation while the suit is undecided, she said.
The law has a number of abortion-related statutes, but Planned Parenthood is challenging the provision that requires centers that perform five or more first-trimester abortions in a month to comply with "ambulatory surgical center" regulations.
These regulations would have taken effect today if the restraining order had not been filed and would have forced the halt of abortion services at the Kansas City center, which only provides medication abortions, and a temporary halt at the Columbia center so it could undergo extensive renovations, Trupiano said. The St. Louis center would have been unaffected.
"We are pleased that we are able to continue caring for Missouri women without a disruption in services," Peter Brownlie, CEO of Planned Parenthood of Kansas and Mid-Missouri, stated in a news release Monday. "We believe that Judge Smith saw this legislation for what it is — a blatant attempt by the governor and anti-choice legislators to limit access to abortion care in Missouri and has nothing to do with protecting women's health and safety."
The court will hear arguments Sept. 10 for a preliminary injunction that would suspend the law until the courts rule on its constitutionality, Trupiano said.
"Once the case is totally reviewed, we're hopeful the court will find the law unconstitutional," she said. "We will continue to provide services for the time being."
In another twist, Jane Drummond, Director of the Missouri Department of Health and Senior Services, blocked Attorney General Jay Nixon, a Democrat, from defending the law in court because of his "conflicts of interest" in the case.
"As you have been an outspoken supporter of abortion on demand and a political ally of Planned Parenthood who has accepted campaign contributions from this abortion provider, I did not believe I could trust you to defend me and my department vigorously," Drummond stated in an Aug. 22 letter to Nixon.
Drummond added in the letter that she has retained outside, pro-bono counsel for the case.
Nixon was also forced to hire special counsel in a 1999 abortion-related case, Attorney General Press Secretary John Fougere said.
"For the attorney general's office, this is about law, not politics," a statement from Nixon's office reads. "The legislature passed House Bill 1055, and as in the past, we will defend the law. We will certainly attempt to work with the Department of Health and Senior Services to make sure we have a coordinated, united defense," Nixon's release states.
Trupiano said Planned Parenthood had no comment on Nixon's termination from the case.
"Right now, we're just focusing on whether our clients receive the care they need," she said.
If enforced, the law would not affect family planning and educational services Planned Parenthood provides, nor would it improve the care patients receive, as the law's supporters say it will, the news release from Planned Parenthood stated. It is intended to shut down abortion services at two Planned Parenthood centers, the release continued.
"As always, Planned Parenthood will be here to provide quality reproductive health care and will continue fighting for access to abortion care in Missouri," Brownlie said.
