Biased Counseling & Mandatory Delay

A woman may not obtain an abortion until at least 24 hours after a treating physician has conferred with the patient and discussed with her the "indicators and contra-indicators, and risk factors including any physical, psychological, or situational factors for the proposed procedure and the use of medications, including but not limited to mifepristone, in light of her medical history and medical condition."  Mo. Rev. Stat. § 188.039 (Enacted 1979; Last Amended 2003).

This law has been challenged in two cases.  The state supreme court decided that both the waiting period and the biased-counseling requirements are constitutional and enforceable.  Reprod. Health Servs. of Planned Parenthood of the St. Louis Region, Inc. v. Nixon, No. SC86768 (Mo. Feb. 28, 2006).  A federal district court had issued a preliminary injunction enjoining enforcement of the biased-counseling portion of the law.  The injunction expired 10 days after the state court decision.  Reprod. Health Servs. of Planned Parenthood of the St. Louis Region, Inc. v. Nixon, No. 03-4210-CV-C-SOW (W.D. Mo. Dec. 1, 2005) (order granting preliminary injunction).

In addition, an earlier law that has since been repealed provided that a woman may not obtain an abortion until after the attending physician informs her of the particular risks associated with the procedure, alternatives to abortion, and whether she is pregnant.  Mo. Ann. Stat. § 188.039 (Enacted 1979; Repealed 2003).  A court held that this provision is unconstitutional.  Reprod. Health Servs. v. Webster, 662 F. Supp. 407 (W.D. Mo. 1987).