Judge Blocks Enforcement of Missouri's New Abortion Law

Aug 28, 05:12 AM

Current Headlines: By Mark Morris, The Kansas City Star, Mo.

Aug. 28--A federal judge Monday barred the state of Missouri from enforcing a new law that would require abortion clinics in Columbia and Kansas City to upgrade their facilities.

In issuing the temporary restraining order, U.S. District Judge Ortrie Smith gave lawyers representing the state and Planned Parenthood of Kansas and Mid-Missouri until Sept. 7 to file further briefs before a planned preliminary injunction hearing three days later.

Peter Brownlie, president of Planned Parenthood, said he was grateful for the restraining order. Otherwise, the clinics would have to close, he said.

"We're pleased that we'll be able to continue caring for Missouri women and not have a disruption in services," Brownlie said.

Kevin Theriot, a private lawyer representing the Missouri Department of Health and Senior Services, cautioned that the judge hadn't yet seen all the evidence.

"We're disappointed, but we're confident that once all the facts are in the judge will see that the law can be enforced in a constitutional manner," Theriot said.

The law, which was to have gone into effect today, would have required the clinics to meet the stricter standards for ambulatory surgical centers.

Opponents have argued that such standards should not apply to the Kansas City clinic, which performs only medication-induced abortions. They have also argued that the Columbia center, which performs surgical abortions, should be allowed to continue to operate because the new law should apply only to new, and not pre-existing, clinics.

Supporters say the state must ensure the highest quality care at such clinics.

In his order, Smith said that the new regulations appeared to impose an "undue burden" on the Kansas City clinic, which does not perform surgical abortions.

"Of all the establishments that dispense medication (e.g., doctors' offices, pharmacies), why is it only those that dispense medication for the purpose of inducing an abortion that must be prepared to perform surgery?" Smith wrote.

Smith also asked lawyers to discuss how the regulations would apply to the Columbia clinic, and he asked for a suggested timeline for compliance should he decide that the new Missouri law is constitutional.

"Requiring Columbia Center to comply with regulations governing facilities that perform surgery seems reasonable on the surface," Smith wrote.

"However, there is an issue regarding timing; that is, when must the Columbia Center comply?"

To reach Mark Morris, call 816-234-4310 or send e-mail to mmorris@kcstar.com.

-----

To see more of The Kansas City Star, or to subscribe to the newspaper, go to http://www.kansascity.com.

Copyright (c) 2007, The Kansas City Star, Mo.

Distributed by McClatchy-Tribune Information Services.

For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.