[Federal] Judge will block new abortion law [MO]

A federal judge said Wednesday he will block a new Missouri law that would have required physicians to wait 24 hours after consulting a woman before performing an abortion.

Senior U.S. District Judge Scott O. Wright plans to issue the temporary restraining order against the law on Friday -- one day before the abortion law was to take effect, said Wright's clerk.

The decision came during a private telephone conference the judge held Wednesday with attorneys for the state and Planned Parenthood affiliates, who had challenged the law on grounds it is unconstitutionally vague and broad.

The judge scheduled a Jan. 27 hearing in Jefferson City on whether to issue a preliminary or permanent injunction against the law, which the Legislature enacted Sept. 11 by overriding the veto of Democratic Gov. Bob Holden.

Under the law, physicians must wait 24 hours to perform an abortion after conferring with women about "the indicators and contra-indicators and risk factors, including any physical, psychological or situational factors."

The so-called "informed consent" law allows violating physicians to be charged with misdemeanors punishable by up to one year in jail and a $1,000 fine. Because of the alleged vagueness in the law, doctors could be subject to prosecution every time they provide an abortion, the lawsuit contends.

The judge's ruling will mean a continuation of the status quo -- at least until January's hearing -- in Missouri's abortion procedures.

"The act is so extraordinarily vague that we are pleased that Planned Parenthood physicians are now protected from having to guess at the meaning of criminal statutes that could cost them dearly if they guessed wrong," said Kansas City attorney Arthur Benson, who represents Comprehensive Health Services of Planned Parenthood of Kansas and Mid-Missouri.

Attorney General Jay Nixon, who is defending the state law, will not comment until the judge's order actually is issued, said spokesman Scott Holste.

Some anti-abortion advocates have said they are prepared for a long legal battle.

"We're disappointed but not surprised that Judge Wright did this," said Sam Lee, a lobbyist for Campaign Life Missouri. "But we're confident that ultimately the law will be upheld and will come into effect."

In 1999, Missouri lawmakers overrode Gov. Mel Carnahan's veto of a bill banning certain late term abortions, commonly called "partial-birth" abortions. An injunction has prevented that law from taking effect, but the case still is pending in the court system.

Citing that, Lee said it could take two or three years to resolve the legal dispute about Missouri's latest abortion law.

"It's frustrating for a lot of the grass-roots people, but they just have to understand that it sometimes takes a long time," he said.

This makes me so angry.

We have a judicial branch that is tyrannical and an industry, corporations (ones that are really evil, but not one the left will complain about), that doesn't have to tell women they might die during this procedure, what are the risks, or give them time to consider the risks.

If a surgeon told their patient the risks of the operation 10 minutes before, he would be sued out of existence.

I have never seen a report of the morbidity and mortality rate on abortion in this country. I've read that the laws are set to cushion this info. It's amazing that the left will kill women for their cause. Truly sick people.

It is obvious the reason why the left wants to block GWB judicial nominees. They want to stack the courts with sympathetic judges who will represent the democrats every time they claim to be victimized when they disagree with a law that gets past them. The unelected judges have little to lose since they cannot be removed from office.

The liberals know which circuit courts are generally friendly to their crybaby complaints of "unconstitutional" oppression of their agenda, and file frivolous lawsuits which cost taxpayers millions of dollars in their defense. The same liberal crybabys are also suing to block the carry and conceal firearms measure which was passed overwhelmingly by both Missouri house and senate but vetoed by the governor. The veto of one term Bob Holden was overridden in a special session, as well as the governors veto on the abortion consultation law.

The courts have too much power in determining legislative measures dispite the wishes of the huge majority of people who's will is represented by the legislators we elect. Remember, we elect the legislators, but not the judicial branch who is appointed by politically motivated people. The same liberal minority who blocks the vote on a qualified appointment because of ideological worries are guilty of obstructing justice as prescribed in our constitution. Although appointments can go both ways, it seems the minority party has had the most success at blocking pro life and pro 2nd Amendment nominees.

This is a good arguement for tort reform. The loser in a lawsuit should pay the legal costs of the winner. Frivolous lawsuits claiming "unconstitutional grounds" representing the "victims" (liberals) would slow down because they would have much to lose if they lose their suit. This would relieve taxpayers considerable expenses used to defend Constitutional legislative actions.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.