Filed Date: Oct. 10, 2017
Closed Date: June 28, 2019
Clearinghouse coding complete
On October 10, 2017, the ACLU, the ACLU of Missouri, and Planned Parenthood filed suit in the Circuit Court of Jackson County, Missouri, challenging a new abortion restriction that was scheduled to take effect on October 24, 2017. This mandate, often referred to as the “same-physician requirement,” would require a patient to receive certain state-scripted information in-person from the physician providing her medical care, at least 72 hours before an abortion. Plaintiffs argue that this mandate would violate the Missouri Constitution, both because it would unduly restrict a woman’s ability to access an abortion in the state and because it would be a legislative change to a bill that is unrelated to the original purpose of a bill. Plaintiffs sought (1) declaratory relief stating that the mandate violates the Missouri Constitution and (2) injunctive relief prohibiting the state from enforcing the mandate and the 72-hour delay against facilities and physicians that provide abortion. This case was assigned to Circuit Court Judge Margene S. Burnett.
On October 23, 2017, the trial court denied the motions for a temporary restraining order and a preliminary injunction, believing that Plaintiff’s probability of success and the irreparable harm did not outweigh any potential harm to the other parties or to the public interest. This case was dismissed on behalf of the plaintiffs on June 28, 2019. The Clearinghouse was unable to obtain any information in the case between the TRO denial and the dismissal, but speculate that the matter may be related to one or both of these cases: Comprehensive Health of Planned Parenthood Great Plains v. Hawley or Reproductive Health Services of Planned Parenthood v. Parson.
Summary Authors
Kathleen Lok (11/6/2022)
State / Territory: Missouri
Case Type(s):
Key Dates
Filing Date: Oct. 10, 2017
Closing Date: June 28, 2019
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Comprehensive Health Services of Planned Parenthood Great Plains and Reproductive Health Services of Planned Parenthood of the St. Louis Region (non-profit service organizations that provide reproductive health and family planning services), and two obstetrician-gynecologists at Barnes-Jewish Hospital.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Planned Parenthood Federation of America
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Circuit Attorney for the City of St. Louis, City
Prosecuting Attorney (Boone), County
Prosecuting Attorney (Jackson), County
President of the Missouri Board of Registration for the Healing Arts, State
Secretary of the Missouri Board of Registration for the Healing Arts, State
Public Board Member of Registration for the Healing Arts, State
Board Member of the Missouri Registration for the Healing Arts, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Reproductive rights:
Reproductive health care (including birth control, abortion, and others)
General:
Type of Facility: