Supreme Court says judge must dismiss family-planning lawsuit

JEFFERSON CITY, Mo. -- The Missouri Supreme Court has ruled that a circuit judge exceeded his authority by failing to allow the dismissal of a lawsuit over state funding for family planning programs.

The state's highest court said in a three-page decision issued Tuesday that Cole County Circuit Court Judge Byron Kinder must abide by an earlier ruling allowing Attorney General Jay Nixon to dismiss the case.

The Supreme Court had previously issued a ruling allowing the dismissal after finding that Nixon had a conflict because his office was representing both sides in the case.

The court said that "once the attorney general asserted his intention to dismiss the case, in accordance with the court's opinion, respondent trial judge lacked authority to go beyond this court's prior opinion and mandate."

Nixon's decision to dismiss the case is supported by Planned Parenthood of Kansas and Mid-Missouri and Planned Parenthood of the St. Louis Region. Anti-abortion lawmakers seeking to keep Planned Parenthood from getting state family planning money have opposed attempts to end the lawsuit.

At issue is a 1999 budget provision designed to withhold state family planning money from organizations that share a name, facility, expenses, employees or equipment with an affiliated abortion provider.

As attorney general, Nixon was defending the challenge to the state law. But that challenge was filed by a state agency, which was represented by Nixon's office.

Once the case is dismissed, state funding could start flowing to Planned Parenthood.

"This is a victory for women in the state of Missouri," said Peter Brownlie, president of Planned Parenthood of Kansas and Mid-Missouri. "Implicit in the court's decision was the directive to the trial judge to stop dragging this thing out, to put an end to a case in the way the Supreme Court ordered six months ago. I trust that Judge Kinder will comply."

Kinder, who twice ruled in favor of the Legislature's authority to restrict funding to Planned Parenthood and sought repayment of state funds from Planned Parenthood, had no comment on Tuesday's ruling because the matter was still pending.

The court ruling paves the way for the attorney general to appear before Kinder with a new motion to dismiss the case, which Nixon spokeswoman Mary Still said will be done as quickly as possible.

"It was not an unexpected decision. As brief as it is, it shows that it's a pretty clear-cut issue," said Still, who said it remains unclear when a hearing will take place.

Meanwhile, another case regarding the family planning issue is pending before Kinder.

A man identified in court papers as Daniel Shipley has filed a new lawsuit challenging the sending of state money to Planned Parenthood.