Judge grants new block to abortion law

JEFFERSON CITY, Mo. -- A federal judge on Tuesday again suspended the enforcement of a state law requiring a 24-hour wait to receive abortions.

The order comes only weeks after a federal appeals court panel lifted a temporary restraining order imposed by the same judge against the same law.

Attorney General Jay Nixon, who was defending the law, plans to appeal the ruling, a spokesman said.

The abortion law, in effect since May 28, requires physicians to wait 24 hours to perform abortions after consulting women about physical, psychological and "situational" risk factors. Planned Parenthood contends the law is unconstitutionally vague, leaving doctors uncertain about what actions could lead to charges.

U.S. District Judge Scott O. Wright imposed a preliminary injunction, at Planned Parenthood's request, while allowing time for the organization to proceed with a separate state lawsuit seeking to clarify parts of the new law.

"Plaintiffs are being forced to choose between performing abortions without any certainty that they are in compliance with the act, thereby risking imprisonment, fines, and professional censure, or ceasing the performance of abortions," Wright said in his ruling. "Both of these options constitute irreparable harm to plaintiffs, their staff, and their patients."

On the other hand, he said, the state faces no harm with the injunction because that simply means the status quo will continue while the issue is decided.

'Very serious burdens'"We have felt all along that this law is unconstitutional and creates very serious burdens, particularly for women in difficult circumstances," Peter Brownlie, president of Planned Parenthood for Kansas and Mid-Missouri, said after the ruling. "So we're pleased that burden will be lifted at least for the time being."

A pro-life group said it was disappointed but not surprised at the ruling.

"We're confident the law will ultimately be upheld," said Sam Lee with Campaign Life Missouri. "In the meantime, the losers are the pregnant women and unborn children of Missouri."

Brownlie said the law being in effect for the past few weeks placed a burden on abortion providers and their clients.

Planned Parenthood has until Thursday to file a state court case, and Brownlie said the organization should meet that deadline.

State lawmakers enacted the law over Gov. Bob Holden's veto, but last October, Wright blocked it from taking effect. He extended the temporary restraining order in early May.

Nixon had asked the 8th U.S. Circuit Court of Appeals to rescind the restraining order while the case shifted to state court. The appeals panel granted Nixon's request, then returned the case to Wright.