Missouri judge upholds law requiring 72-hour waiting period before abortion

A Jackson County judge has denied a request to block a Missouri law that required abortionists to meet with their patients three days prior to the procedure.

The American Civil Liberties Union (ACLU) and two Planned Parenthood affiliates in Missouri have sued to challenge the law, claiming it imposed an undue burden on women seeking an abortion since the same abortion physician may not be able to see them three days after a consultation.

On Monday, Judge S. Margene Burnett ruled that the law did not place an undue burden on women seeking an abortion, and stated that the requirement was "at best a moderate modification of the informed consent restraints already in place."

The law, SB5, took effect this summer after Gov. Eric Greitens called for a special legislative session, according to KCUR.

A separate law already had a requirement for pregnant women to wait for 72-hours before obtaining an abortion. However, the informed consent scheme only required women to obtain counsel from "qualified professionals," which could include psychologists, social workers or physician assistants.

Under the new law, the doctor who would perform the abortion must also be the one who should provide the information about the procedure's medical risks.

Burnett had denied Planned Parenthood's request for a temporary restraining order against SB5, and she also dismissed the organization's argument that the law would especially burden patients because there are so few abortion providers in the state.

The judge contended that the scarcity of abortion physicians was not the state's doing and that the law "would not place a substantial obstacle in a woman's decision to obtain an abortion."

Missouri Attorney General Josh Hawley, who was named in the suit, said that he was pleased by Burnett's ruling.

"SB5 enacts sensible regulations that protect the health of women in Missouri and we will continue to vigorously defend these," he said.

Bonyen Lee Gilmore, the spokesman for Planned Parenthood Great Plains, expressed concern that abortion access in the state is "being stripped away one seemingly 'moderate' restriction at a time."

"When you put those all together, and context is everything in this world, you end in a place where women can't access abortion," she said.

Aaron Samulcek, the interim president of Planned Parenthood Great Plains, said that his organization will continue to fight what he deems as a medically unnecessary requirement.

"The harsh reality of today's court ruling is that this law will force some women to wait weeks for an abortion, travel hundreds of miles, or lose access altogether," he stated.