Judge Blocks New Missouri Abortion Law DAVID TWIDDY | August 27, 2007 09:40 PM EST |
KANSAS CITY, Mo. — A federal judge temporarily blocked a new Missouri abortion law Monday after Planned Parenthood said the law would harm women by dramatically reducing the clinics available to provide the procedure.
The law, which was scheduled to take effect on Tuesday, would put more abortion clinics under state supervision by categorizing them as outpatient surgery centers, requiring them to meet specific state building, staffing and health standards. The law would apply to any facility that performs more than five first-trimester abortions a month, or any second- or third-trimester abortions.
Planned Parenthood argued the organization would have to halt abortions at its Columbia and Kansas City offices _ either permanently or while expensive and "medically unnecessary" renovations were made.
U.S. District Judge Ortrie Smith granted a temporary injunction, saying he will hold a Sept. 10 hearing to determine whether to make the injunction permanent.
In his order, Smith warned both sides from reading too much into his ruling, saying "the state has a legitimate interest in regulating facilities that perform surgery, even if the facility in question performs surgical abortions.
"The court also believes the state may differentiate between facilities that do not primarily perform surgery based on the types of surgery they provide," he wrote.
But he said it was confusing how the state would apply the law to the Kansas City clinic, which performs only medication-induced abortions, not surgical ones.
Defense attorneys said that the facility should be outfitted for surgery in case something goes wrong with the medication. But Smith was unconvinced.
"Of all the establishments that dispense medication (e.g. doctor's 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 asked.
He said the law should probably apply to the Columbia clinic and noted that Planned Parenthood and the department were willing to cooperate. But he said there was still disagreement over what level of regulations the clinic would have to follow, and more discussion was needed on that point.
Peter Brownlie, executive director of the Planned Parenthood branch, said he was "very pleased" with the ruling.
"The state has contended that the law is meant to protect the safety of women," he said. "It's pretty clear that the judge is at best dubious of that plan."
Jane Drummond, director of the Missouri Department of Health and Senior Services, said the judge's order could put the health of women at risk.
"We are concerned that blocking this law will endanger the health and safety of women," Drummond said in a statement. But, she added, "We are encouraged that the judge has set the preliminary injunction hearing so quickly so that we have a full opportunity to present our evidence."
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