Federal judge blocks state's new anti-abortion law

Gov. Matt Blunt's spokeswoman said he looksorward to debating the law's merits.

JEFFERSON CITY, Mo. -- A federal judge on Friday blocked enforcement of new anti-abortion law, ruling it would have forced an end to abortions in part of Missouri and created a general chilling effect on abortion counseling.

The temporary restraining order came just one day after Republican Gov. Matt Blunt signed the new law passed during a special legislative session. The governor had declared it "a good pro-life piece of legislation that will reduce the number of abortions."

The law requires doctors performing abortions to have clinical privileges at a hospital within 30 miles. It also lets parents sue people who "intentionally cause, aid or assist" their minor daughters in getting abortions without their consent.

U.S. District Judge Nanette Laughery ruled that the civil liability language "threatens an immediate chilling effect on all abortion counseling within Missouri and nearby states," in part because the language is too vague to know what actions could be targeted.

During a court hearing earlier Friday, attorney Janet Crepps of The Center for Reproductive Rights said the new law is unique nationally in limiting the assistance adults can provide to pregnant teenagers considering abortions.

Crepps also argued that the clinical restrictions would force an end to abortions at Springfield Healthcare Center Inc., for whom she filed the lawsuit.

Laughery agreed that the law posed an immediate and irreparable harm to the clinic and an undue burden on women by effectively eliminating the only option for abortions in southwest Missouri.

The Springfield clinic performs about 1,500 abortions a year, drawing women from about a 300-mile radius. But its only abortion doctor lives in St. Louis and does not have clinical privileges at a Springfield hospital. Consequently, the law would have forced the clinic to cancel the 22 abortions scheduled for Monday, as well as all future ones until the doctor could obtain local privileges.

'Aboslutely ecstatic'

"I can tell you we are absolutely ecstatic," clinic administrator Michelle Collins said after learning of the judge's ruling. "We will be providing surgeries on Monday, and it will be business as usual."

Blunt spokeswoman Jessica Robinson said the governor looked forward to debating the law's merits as the court later considers a preliminary or permanent injunction.

"We stand by this good pro-life law that will reduce the number of abortions in our state," Robinson said.

The legislation, which passed the House Wednesday on a 115-35 vote, carried an emergency clause that made it effective immediately upon Blunt's signature. The Senate had passed the law last week on a 26-6 vote.

Missouri's previous law required only that abortion physicians have surgical privileges at a hospital that offers obstetrical and gynecological care, no matter where it is located. Existing state law also requires teenagers younger than 18 to have consent from a parent, guardian or court to get an abortion.

Lawmakers said the new civil liability provisions were aimed at people who help teenagers get abortions in Illinois, which has no parental consent law.

During the hearing, the judge questioned attorneys on what words or actions could trigger a lawsuit.

Assistant attorney general Vickie Mahon suggested the Legislature intended to target only "overt acts," such as driving a minor to an out-of-state abortion, not mere discussions about different state abortion laws.

But Assistant Greene County Prosecutor Dan Patterson, whose boss also was named as a defendant, suggested the law could be used against anyone who provided directions to a minor on how to get to an Illinois clinic.

The judge cited the differing opinions among the defense attorneys as evidence that the law likely was too vague.

Planned Parenthood has filed a separate challenge to the law in Jackson County Circuit Court. There has been no hearing or ruling in that case.