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Case: Comprehensive Health v. Hawley

1716-CV24109 | Missouri state trial court

Filed Date: Oct. 10, 2017

Closed Date: June 28, 2019

Clearinghouse coding complete

Case Summary

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…

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)

Documents in the Clearinghouse

Document

1716-CV24109

Petition

Oct. 10, 2017

Oct. 10, 2017

Complaint

1716-CV24109

Comprehensive Health of Planned Parenthood Great Plains v. Hawley

Judgment/Order

Oct. 23, 2017

Oct. 23, 2017

Order/Opinion

Resources

Docket

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Missouri

Case Type(s):

Reproductive Issues

Special Collection(s):

Planned Parenthood Litigation

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:

ACLU National (all projects)

ACLU Affiliates (any)

Planned Parenthood Federation of America

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General, State

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):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Reproductive rights:

Mandatory delay

Reproductive health care (including birth control, abortion, and others)

General:

Abortion

Type of Facility:

Government-run

Non-government non-profit