JEFFERSON CITY, Mo. _ Two Planned Parenthood groups sued the state of Missouri on Tuesday, arguing the state's newest law restricting abortions is unconstitutional.
The GOP-controlled Legislature approved law in question _ Senate Bill 5 _ this summer during a special session on abortion called by Gov. Eric Greitens, a Republican.
Planned Parenthood Great Plains and Planned Parenthood of the St. Louis Region and Southwest Missouri argue the new law places "extreme and unprecedented" requirements on women seeking abortion that "unduly restrict" their access to the procedure.
The lawsuit, filed in Jackson County Circuit Court, asks for a temporary restraining order and preliminary injunction to block the law from going into effect on Oct. 24, and that the court deem the law unconstitutional.
The new law enacts several new rules, but the lawsuit targets a provision that requires the same physician performing an abortion to be the one giving state-mandated information to a patient 72 hours in advance of the abortion.
Under current law, any "qualified professional" is allowed to discuss that information with the patient.
"The same-physician requirement will impose extreme burdens on physicians who provide abortion services in Missouri, some of whom will not be able to comply at all," the lawsuit says. "The Act will impose significant delays, greater medical risks, and other serious harms on patients, some of whom will be unable to access abortion at all."
In a news release, Planned Parenthood says the new law will result in "extreme delays" of up to four weeks, cutting "some women off from care entirely.
"Women in areas like Springfield will be forced to make a 300- to 400-mile round trip twice to a health center that provides abortion, rather than making their initial visit at a local health center (as they could prior to this law)," the release continues.
Attorneys with the American Civil Liberties Union and the ACLU of Missouri are also representing two physicians, Drs. David L. Eisenberg and Colleen P. McNicholas, in the case.
The suit adds the new regulation is "extremely burdensome and medically unnecessary." The suit continues the provision conflicts with existing state law, making it unclear what the law actually forbids or allows.
The lawsuit also says the new law violates Missourians' due process rights under the state Constitution. It also violates the state Constitution in another way, the plaintiffs argue, because the law includes language that substantially deviates from the legislation's original purpose.
Missouri Attorney General Josh Hawley, a Republican, is one of the defendants named in the suit.
In a statement, Loree Anne Paradise, Hawley's deputy chief of staff, said Hawley's office would "vigorously defend" the new law.
She said the new law enacts "sensible regulations that protect the health of women in Missouri."
Planned Parenthood contends the rules do nothing to enhance safety at clinics, and instead are a backdoor way of cutting off access to abortions.
The lawsuit is merely the latest challenge to Missouri's abortion laws.
Last week, the 8th U.S. Circuit Court of Appeals allowed Planned Parenthood to continue seeking licensing to perform abortions in Columbia, Springfield and Joplin. That was after a federal judge in April said some of Missouri's existing laws are similar to laws in Texas the Supreme Court struck down last year.
Hawley is still contesting that ruling.
On Tuesday, Planned Parenthood Great Plains announced it would start scheduling abortions at its Columbia clinic.
In another case, a woman only named as "Mary Doe," a member of the Satanic Temple, is challenging Missouri's 72-hour waiting requirement. The Missouri Supreme Court is set to hear that case.
