Planned Parenthood files state case against 24-hour wait abortion law

By David A. Lieb

Associated Press

JEFFERSON CITY, Mo. -- Adding to their federal challenge, Planned Parenthood affiliates filed a state lawsuit Thursday claiming a 24-hour-abortion-waiting law violates the Missouri Constitution.

The lawsuit in Boone County Circuit Court echoes one of the claims in the pending federal case: that the law requiring doctors to confer with women seeking abortions is unconstitutionally vague.

The state lawsuit also claims the 24-hour wait violates the state constitution, and seeks such a declaration from the court.

Enacted when lawmakers overrode Gov. Bob Holden's veto last year, the law requires physicians to wait 24 hours to perform abortions after evaluating and conferring with women about such things as ''physical, psychological or situational'' risk factors involved in abortions. Violating doctors can face charges punishable by up to a year in jail and a $1,000 fine.

U.S. District Judge Scott O. Wright had issued a temporary restraining order against the law last October, which was lifted in late May by a panel of the 8th U.S. Circuit Court of Appeals. After the law was in effect for several weeks, Wright on Tuesday imposed a preliminary injunction against the law -- again barring its enforcement -- so that Planned Parenthood could pursue a separate claim in state court.

At issue is whether existing state laws setting misdemeanor criteria for abortion violations nullify Planned Parenthood's vagueness arguments by establishing a ''willfully and knowingly'' threshold of intent for violations.

Attorney General Jay Nixon, who is defending the law, had raised the defense in federal court. Planned Parenthood then said it wanted an interpretation on the state law from a state judge.

Planned Parenthood's state lawsuit contends the new abortion law's ''vagueness is not cured'' by the existing law's intent language.

The state lawsuit also contends the 24-hour waiting period would result in ''burdensome delays, in some cases exceeding one week,'' because clinics do not offer abortions daily. As a result, the lawsuit claims women could be forced to undergo greater risk and pay more for later term abortions.

A spokesman for Nixon said the office had not yet seen the state lawsuit and had no comment.