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Federal appeals court will review decision in Missouri abortion ban lawsuit – Kansas City, Missouri

Kansas City, Missouri 2021-07-21 15:43:03 –

Protesters will meet in Jefferson City in June 2019. // Photo: Emily Standlee

In the movement that long-standing legal observers are rare 8th Federal Circuit Court of Appeals will, With its own movement Confirm the June 9 decision This prevented the enforcement of the 2019 Missouri State Act, which criminalizes abortion eight weeks after pregnancy, except for rape and incest.

The order issued last week brings the proceedings to all 18 judges in the court. The move invalidates the decision of a panel of three judges in favor of Judge Howard Sachs of the US District Court. Temporary injunction to block the law..

However, the injunction remains in effect while the court is considering the case.

Court law also considers an abortion a crime if abortion is required simply because prenatal testing, testing, or screening indicates possible Down’s syndrome or fetal Down’s syndrome.

On July 1, Missouri Attorney General Eric Schmidt said: Ask the US Supreme Court to hear the appeal Of the judgment of the 8th Circuit Court.The High Court is already I was asked to accept a similar caseSimilar results were obtained at the 8th Circuit Court of Appeals, which originated in Arkansas.

“We are certainly encouraged by the decision of the 8th Circuit Court of Appeals to move out and order a retrial, and we look forward to the opportunity to actively defend the law again,” said Scmitt spokesman Chris Nuelle. Is writing to The Independent by email.

It’s unclear whether the rehearsal means Schmidt withdraws the petition to the Supreme Court, Nuer wrote.

The decision to revoke the June decision is unusual because it was not prompted by a request from either party. In a weekly newsletter, Missouri’s right to life called it “surprise behavior,” and in a statement to an independent, planned parent-child relationship, it called it a “sudden change.”

under 2019 lawPhysicians who have an abortion after an eight-week gestation period, named by supporters as an abbreviation for Missouri Fetal Law, may face five to fifteen years in prison. Women who have finished their pregnancy will not be prosecuted.

The law also penalizes abortions required solely for prenatal diagnosis, testing, or screening that indicate Down Syndrome or the possibility of Down Syndrome during pregnancy. Anyone who participates in an abortion is subject to civil penalties, including the loss of a professional license.

The law has not been enforced because it was challenged by a planned parent-child reproductive health service based in St. Louis, which operates the only remaining abortion clinic in the state. Sax issued a temporary injunction one day before it came into effect.

“We’ve long said that the fight to protect access to abortion in Missouri isn’t over yet,” said Yamercy Rodriguez, president and chief executive officer of Reproductive Health Services. It is stated in. “The sudden change in the 8th Circuit Court to rethink Missouri’s total ban on abortion is unconstitutional, as the court said, but it’s already a long line of threats to our reproductive freedom. It’s one nasty sign. “

In June’s opinion, Judge Jane Kelly wrote that “it is enough to ban even one possible abortion” to make the law unconstitutional. Kelly, appointed by President Barack Obama, was joined by Judge Roger Wolman, appointed by President Ronald Reagan on the bench, and Judge David Strass, appointed by President Donald Trump. ..

Judges disagreed on whether to block the enforcement of a law banning abortion for the diagnosis of Down syndrome, and Strass disagreed.

Missouri’s Secretary-General for Right to Life, Susan Klein, said in a newsletter, “The Missouri bill, the most professional life ever passed in the United States, has been reviewed by the District 8 Appeals Court. I’m happy to do that. “

The law was often passed in a predominantly anti-abortion legislature, intended as a direct objection to the 1973 decision of the Roe v. Wade case that the Constitution protects the right to abortion. Is one of the laws of.Supreme Court Accepted Mississippi proceedings in May Over the law prohibiting abortion after the 15th week of pregnancy.

Missouri already has some of the country’s strictest abortion restrictions.

State law requires doctors to have admission privileges at a nearby hospital before having an abortion. Due to that requirement, St. Louis’ planned parent facility is the only Missouri licensed to carry out an abortion.

A woman seeking an abortion should receive state-led counseling that includes information designed to discourage her from following through. The abortion physician should provide counseling, not a social worker or nurse practitioner. After that, she has to wait 72 hours before the procedure is provided.

The use of telemedicine to manage abortion is prohibited.


this Reprinted work With permission via Missouri IndependenceFocuses on Missouri Political and Policy Reporting..



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