Missouri Attorney General: Appeals Court Should Keep Abortion Case
by Steven Ertelt
June 7, 2004
Jefferson City, MO (LifeNews.com) — The Missouri Attorney General has asked a federal appeals court to keep a case involving a state law requiring abortion businesses to provide women with accurate information about abortion’s risks and alternatives 24 hours prior to performing one.
Last Tuesday, abortion businesses asked the 8th U.S. Circuit Court of Appeals to allow their case against the Woman’s Right to Know law to return to a federal district court, where a temporary restraining order blocking the law for seven months originated.
The week before, the appeals court had out the restraining order, which had remained in place even though Planned Parenthood wanted to re-file their suit against the law in state court.
Now, Missouri Attorney general Jay Nixon has filed a brief asking the 8th Circuit to keep the case.
In his brief, Nixon urged the appeals court to keep the case "to avoid inevitable repetitious litigation" that would occur if the district court judge voided the law, according to an Associated Press report. As a result, Nixon would likely appeal the case back to the 8th Circuit court anyway.
Nixon also asked the appeals court to rule on his assertion that Planned Parenthood can’t sue the state in federal court.
As a result of the law taking immediate effect, one Planned Parenthood business in St. Louis had to turn away 40 women seeking abortions, as they were not able to receive the information 24 hours before the abortion, as required.
"Planned Parenthood’s maneuver to delay the lawsuit it filed against the Woman’s Right to Know Law backfired in their faces when the Court of Appeals vacated the injunction issued by the District Judge that kept the law from being enforced," Patty Skain, executive director of Missouri Right to Life told LifeNews.com.
"Now Planned Parenthood wants the Court of Appeals to return the case to the District Judge, so it has filed a motion to dismiss the appeal. It should not be long before the Court of Appeals rules on this latest motion," Skain added.
Similar laws in other states have reduced abortions by as much as one-third.