A federal judge in the Western District of Missouri ruled Friday that Missouri state abortion restrictions were not “undue burdens” and held that a Planned Parenthood (PP) in the state cannot resume providing abortions.
The law in question requires clinics to have physicians who have hospital admitting privileges nearby, which the Planned Parenthood, in Columbia, Central Missouri, was unable to secure. The only clinic meeting requirements is in St. Louis.
Judge Brian Wimes said that the admitting privileges requirement did not affect enough women to constitute an undue burden. Further, Wimes explained that Planned Parenthood did not provide enough evidence that going to the St. Louis facility would lead to longer wait times, fewer doctor access or increased crowding.
The undue burden precedent comes from the 1992 Planned Parenthood v. Casey decision, in which the Supreme Court held that a state abortion regulation is unconstitutional if it has the purpose or effect of imposing an “undue burden” on a woman, which is defined as a “substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.”