COLUMBIA, Mo. – The Columbia Planned Parenthood affiliate at the center of scrutiny by a Missouri Senate committee scored a win in federal court Wednesday.
Judge Nanette K. Laughrey ruled she would block an attempt by the Department of Health and Senior Services to revoke the license of the affiliate. Planned Parenthood of Kansas and mid-Missouri brought forth a lawsuit Monday to retain its ambulatory surgical center (ASC) license, arguing that it was treated unfairly for its role as an abortion provider.
Laughrey first extended the restraining order which initially was only supposed to last until 5 p.m. Wednesday, but that will now be extended until somewhere between late December and mid-January.
She also noted that Planned Parenthood would likely succeed in its argument it did not receive equal protection after the privileges of Dr. Colleen McNicholas, its abortion provider, were revoked by the University of Missouri Hospital. Without those privileges, McNicholas cannot legally provide abortions at that venue.
Usually however, there is a certain amount of time granted to ASCs to have their licenses continue or be put in a suspended state while they look to fulfill the requirements again. In fact, that clinic went through that process before in 2012, extending into 2013. Without a doctor at the facility for more than a year, it still retained its license as an ASC.
Laughery said “animus toward the center and the work it does there” could be involved in DHSS’s decision.
President Pro Tem Ron Richard, R-Joplin, wrote a letter of strong objections to the defense (or lack thereof) put forth by the attorney general’s office Wednesday afternoon. He cited an agreement between PPKM and the AG’s office while also questioning the validity of the federal court’s jurisdiction in the case.
“Based on the apparent reluctance of your office to vigorously defend the law as passed or honor the Settlement we entered into in good faith, we hereby request that you name a special assistant attorney general to perform the duties of your office who will use every legal tool available to zealously defend the rule of law in this matter,” Richard said.
The settlement refers to this 2010 settlement between PPKM and the state of Missouri, which settled that PPKM would be allowed to make upgrades to two facilities, including the Columbia facility, and retain its licenses in the process.
