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NewsJanuary 6, 2004

JEFFERSON CITY, Mo. -- A federal court hearing on whether to permanently block a state law that requires a 24-hour waiting period for abortions has been delayed until May. Senior U.S. District Judge Scott O. Wright issued a temporary restraining order against the law in October and scheduled a Jan. ...

JEFFERSON CITY, Mo. -- A federal court hearing on whether to permanently block a state law that requires a 24-hour waiting period for abortions has been delayed until May. Senior U.S. District Judge Scott O. Wright issued a temporary restraining order against the law in October and scheduled a Jan. 27 hearing on whether to impose an injunction. But Wright delayed the hearing until May 25 after attorneys for plaintiff Planned Parenthood affiliates requested more time to depose expert witnesses and resolve pretrial issues. The law, enacted when the legislature overrode a veto by Gov. Bob Holden, requires physicians to wait 24 hours after consulting with women before performing abortions.

The "informed consent" law also allows violating physicians to be charged with misdemeanors punishable by up to one year in jail and a $1,000 fine.

The lawsuit by Planned Parenthood affiliates contends the law is unconstitutionally vague.

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Wright temporarily blocked the law one day before its scheduled Oct. 11 effective date. He said then that Planned Parenthood had demonstrated a probability of success on its claims that the law fails to give abortion providers fair warning of what conduct is prohibited, and that it encourages arbitrary enforcement in violation of the constitutional protection of due process.

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On the Net:

U.S. District Court: http://www.mow.uscourts.gov

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