Abortion - Archive

Judge Says Planned Parenthood Unlikely to Succeed in Having MO Abortion Business Law Ruled Unconstitutional

 

ADF Attorneys: Law requiring abortion businesses to follow reasonable safety standards like other medical facilities is “common sense”

MO governor’s administration retains ADF as legal counsel after Planned Parenthood sues over abortion business safety law.

In an order issued 24Sept07, a federal judge wrote that Planned Parenthood is not likely to succeed in having a Missouri law that holds abortion centers to the same safety standards as other medical facilities ruled facially unconstitutional.

Attorneys with the Alliance Defense Fund represent Missouri Director of Health and Senior Services Jane Drummond in a lawsuit Planned Parenthood filed against the new state law, which the court has put on hold while both sides negotiate on some specifics as to how the law will apply.

“Abortion clinics should not be exempt from common-sense regulations that protect the health and safety of Missouri patients. We’re pleased that the court agreed with this and said that he did not believe Planned Parenthood would succeed in its arguments that the law is facially unconstitutional,” said ADF Senior Legal Counsel Dale Schowengerdt.

A “facial” challenge is a common legal tactic used to strike down a law in all of its applications.

Under the new law, HB 1055, abortion sites would be designated as ambulatory surgical centers, and as such would have to meet specific safety standards to protect the patients at those centers.

Abortion centers that would fall under the new designation are those where second- or third-trimester abortions are performed as well as places where more than five first-trimester abortions are performed each month.

The order in Planned Parenthood of Kansas and Mid-Missouri v. Drummond issued by the U.S. District Court for the Western District of Missouri, Central Division, is available at www.telladf.org/UserDocs/DrummondOrder.pdf.

Missouri Governor Matt Blunt’s administration retained ADF attorneys to defend Drummond in the lawsuit last month (www.telladf.org/news/story.aspx?cid=4214).

Note: Facts in ADF news releases are verified prior to publication but may change over time. Members of the media are encouraged to contact ADF for the latest information on this matter.

[September 24, 2007, ADF Media Relations, Jefferson City, MO, www.telladf.org]