FOR IMMEDIATE RELEASE
Judge says Planned Parenthood unlikely to succeed in having Mo. abortion clinic law ruled unconstitutional
ADF attorneys: Law requiring abortion clinics to follow reasonable safety standards like other medical facilities is “common sense”Monday, September 24, 2007
JEFFERSON CITY, Mo. — In an order issued Monday, a federal judge wrote that Planned Parenthood is not likely to succeed in having a Missouri law that holds abortion clinics to the same safety standards as other medical facilities ruled facially unconstitutional. Attorneys with the Alliance Defense Fund represent Missouri Director of Health and Senior Services Jane Drummond in a lawsuit Planned Parenthood filed against the new state law, which the court has put on hold while both sides negotiate on some specifics as to how the law will apply.
“Abortion clinics should not be exempt from common-sense regulations that protect the health and safety of Missouri patients. We’re pleased that the court agreed with this and said that he did not believe Planned Parenthood would succeed in its arguments that the law is facially unconstitutional,” said ADF Senior Legal Counsel Dale Schowengerdt.
A “facial” challenge is a common legal tactic used to strike down a law in all of its applications.
Under the new law, HB 1055, abortion clinics would be designated as ambulatory surgical centers, and as such would have to meet specific safety standards to protect the patients at those centers. Abortion clinics that would fall under the new designation are those where second- or third-trimester abortions are performed as well as clinics where more than five first-trimester abortions are performed each month.
The order in Planned Parenthood of Kansas and Mid-Missouri v. Drummond issued by the U.S. District Court for the Western District of Missouri, Central Division, is available here.
Missouri Governor Matt Blunt’s administration retained ADF attorneys to defend Drummond in the lawsuit last month.
“Abortion clinics should not be exempt from common-sense regulations that protect the health and safety of Missouri patients. We’re pleased that the court agreed with this and said that he did not believe Planned Parenthood would succeed in its arguments that the law is facially unconstitutional,” said ADF Senior Legal Counsel Dale Schowengerdt.
A “facial” challenge is a common legal tactic used to strike down a law in all of its applications.
Under the new law, HB 1055, abortion clinics would be designated as ambulatory surgical centers, and as such would have to meet specific safety standards to protect the patients at those centers. Abortion clinics that would fall under the new designation are those where second- or third-trimester abortions are performed as well as clinics where more than five first-trimester abortions are performed each month.
The order in Planned Parenthood of Kansas and Mid-Missouri v. Drummond issued by the U.S. District Court for the Western District of Missouri, Central Division, is available here.
Missouri Governor Matt Blunt’s administration retained ADF attorneys to defend Drummond in the lawsuit last month.
ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith. Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.
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ABOUT Dale Schowengerdt
Dale Schowengerdt (SHOW’in-gurt) serves as legal counsel with the Alliance Defense Fund and litigates as a member of the marriage litigation team. He has also successfully litigated several cases related to religious freedom and the sanctity of life. A graduate of the Regent University School of Law, Schowengerdt is admitted to the state bar of Arizona and several federal courts.