US Federal Appeals Court Declares Missouri 'Partial-Birth' Abortion Law Unconstitutional

Main Category: Abortion
Article Date: 30 Nov 2005 - 17:00 PDT

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A three-judge panel of the Kansas City, Mo.-based 8th U.S. Circuit Court of Appeals on Monday upheld a lower court's ruling that a Missouri law that bans so-called "partial-birth" abortion is unconstitutional because it lacks a health exception, the St. Louis Post-Dispatch reports (Mannies, St. Louis Post-Dispatch, 11/29). Under the 1999 law, which is called the Missouri Infant's Protection Act, individuals who cause "the death of a living infant ... by an overt act performed when the infant is partially born or born" could face charges equal to murder. The law has never been enforced. In the appeal, the Planned Parenthood Federation of America argued that the law is unconstitutional and violates the 1973 U.S. Supreme Court Roe v. Wade decision, which effectively barred state abortion bans. U.S. District Judge Scott Wright in July 2004 ruled Missouri's law unconstitutional because it does not include an exception to protect the health of pregnant women. Wright said that he based his decision on the 2000 U.S. Supreme Court ruling in Stenberg v. Carhart that struck down a similar Nebraska law for lacking a health exception (Kaiser Daily Women's Health Policy Report, 7/12/04). The 8th Circuit Court panel in its ruling said the state had not provided any new evidence, such as a medical consensus or a study on the procedure, to contradict the 2000 Supreme Court ruling, the AP/Kansas City Star reports (Lieb, AP/Kansas City Star, 11/28).

Reaction
Paula Gianino, president and CEO of Planned Parenthood of the St. Louis Region, said she is "pleased and relieved," adding, "Every major decision by a court in this country, including the United States Supreme Court, has said that any attempt to ban abortion must always include two exceptions or protections -- to protect both the health and the life of a woman in the event of any serious medical crisis or emergency." Patty Skain, executive director of Missouri Right to Life, said the ruling was expected considering the legal precedents set by the Supreme Court. However, Skain said, "We hope for a Supreme Court in the future that believes that this procedure should not be protected." Scott Holste, spokesperson for Missouri Attorney General Jay Nixon (D), said Nixon's office is reviewing the ruling and has not decided whether to file an appeal (Morris, Kansas City Star, 11/29).

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