Missouri Supreme Court rejects challenge to new SB5

  

JEFFERSON CITY, Mo. – An October Planned Parenthood suit filed in the Jackson County Court against portions of 2017’s special session SB 5 was rejected by the Missouri Supreme Court prior to Christmas. The suit challenged the 72-hour law.

Circuit Judge S. Margene Burnett denied the suit later in October, saying it does not pose an undue burden. The Court of Appeals then denied the Writ of Prohibition on November 1.

On December 19, the Supreme Court Court denied the plaintiff’s petition for a Writ of Prohibition. The petition asked the Court to prevent Burnett from denying the motion for a temporary restraining order and preliminary injunction against section 188.027, subsection 6.

6.  The physician who is to perform or induce the abortion shall, at least seventy-two hours prior to such procedure, inform the woman orally and in person of:

(1)  The immediate and long-term medical risks to the woman associated with the proposed abortion method including, but not limited to, infection, hemorrhage, cervical tear or uterine perforation, harm to subsequent pregnancies or the ability to carry a subsequent child to term, and possible adverse psychological effects associated with the abortion; and

(2)  The immediate and long-term medical risks to the woman, in light of the anesthesia and medication that is to be administered, the unborn child’s gestational age, and the woman’s medical history and medical conditions.

This is now the fourth court since October to reject the challenges. The U.S. District Court, Western District of Missouri, denied a request to block the law on November 3.

Plaintiffs included abortion-providing doctors.

Rachael Herndon is the editor at The Missouri Times, and also produces This Week in Missouri Politics, publishes Missouri Times Magazine, and co-hosts the #moleg podcast. She joined the Missouri Times in 2014, returning to political reporting after working as a campaign and legislative staffer.

Rachael studied at the University of Missouri – Columbia. She lives in Jefferson City with her husband, Brandon, and their two children.

To contact Rachael, email rachael@themissouritimes.com, or via Twitter @TheRachDunn.