Planned Parenthood, in quest to offer abortions in Springfield, asks Supreme Court to help

Planned Parenthood on Friday asked the U.S. Supreme Court to overrule an order from a lower Missouri court as the organization forges ahead with plans to provide abortions in Springfield and Joplin.

An ongoing federal court case filed by Planned Parenthood affiliates in Missouri against the state hit a roadblock Sept. 15, when the U.S. Court of Appeals for the Eighth Circuit halted a district court judge's April order allowing the women's health care organization to proceed with plans to offer abortions.

The district court judge's order had previously been interpreted as a green light for Planned Parenthood, which has clinics licensed to provide abortions in St. Louis and Kansas City.

Planned Parenthood's applications are pending for its clinics in Springfield and Joplin, where the organization hopes to offer medication abortions soon, according to the Missouri Department of Health and Senior Services. And its clinic in Columbia could once again provide abortion services if the organization succeeds.

Planned Parenthood on Friday formally asked the Supreme Court to vacate the stay issued by the appellate court, according to a statement issued Friday by Mary Kogut, president and CEO of Planned Parenthood of the St. Louis Region.

"The court is our last line of defense against politicians who continue to insert themselves between women and their doctors," Kogut said, in part. "We will continue to advocate to expand access to care on behalf of thousands of women in Missouri and elsewhere who count on us for expert care.”

Citing Texas rules the Supreme Court deemed unconstitutional, Planned Parenthood is arguing against two Missouri restrictions that prevent the Springfield and Joplin clinics from qualifying as legal abortion providers. The state, through Attorney General Josh Hawley's office, disagrees with Planned Parenthood about whether the rules are substantially similar to the Texas restrictions.

"The Attorney General's Office will continue to defend Missouri's commonsense regulations protecting women's health in the United States Supreme Court," said Loree Anne Paradise, a spokesman for Hawley's office.

Planned Parenthood's most recent legal maneuver — imploring the Supreme Court to intervene — was issued on the grounds that Missouri women are harmed by the delay of the abortion expansion.

The Missouri rules in question include requirements for medical buildings known as ambulatory surgical centers and mandate that physicians offering abortions have admitting privileges at nearby hospitals.

“These laws were crafted by ideologically extreme politicians, not doctors," said Planned Parenthood Great Plains Interim President and CEO Aaron Samulcek, in part. "We all want to protect patient safety, and admitting privilege and ASC requirements do just the opposite. The Supreme Court has already ruled that similar laws in Texas are medically unnecessary and unconstitutional."

Abortions have not been offered legally in Springfield since 2005. The local Planned Parenthood clinic has never offered abortions, according to the organization, though it does offer abortion referrals and preventive care.

This summer, in a special session called by Gov. Eric Greitens, the Missouri General Assembly passed new abortion restrictions that all providers must comply with when the law takes effect in late October.

Planned Parenthood has said that, if successful, it has multiple doctors willing to provide medication abortions in Springfield and Joplin.

In its Supreme Court application, Planned Parenthood cites Springfield as an example of the "enormous burdens" it says are placed on women seeking abortions. By its calculations, "women in Springfield (the third most populous city in the state) currently have to travel 430 miles round trip to St. Louis for an abortion after ten weeks, or 325 miles round trip to Kansas City for an early medication abortion."

The application also says the Springfield center would eventually provide both surgical and medication abortions. The Joplin clinic only would provide medication abortions.

Planned Parenthood also appears to accuse the Department of Health and Senior Services of delaying the licensing of three clinics.

"...Applicants have proceeded diligently with the licensing process so that they can provide abortions to the women of Missouri in their health centers in Columbia, Springfield, and Joplin, but DHSS's licensing of Applicants has moved slowly with none of these health centers yet to be issued a license."

A notarized copy of the application for the Springfield clinics, obtained by the News-Leader through an open records request, is dated May 18.

An email between a health department official and a Planned Parenthood representative says the organization originally planned to start performing abortions in Springfield by late August or early September. Joplin's timeline was set for late September or early October.

A state visit to the Springfield facility was tentatively planned for late August, according to the email. But in the Supreme Court application, Planned Parenthood said inspections have been repeatedly delayed.

The most recent rescheduling has set up an abortion facility inspection in Springfield for Oct. 10-11, according to court documents.

Planned Parenthood says women are being harmed by Missouri's regulations.

"Patient need for these services is so great that since August 15, despite not being open for abortion services, the Joplin and Springfield health centers alone have received more than 100 telephone calls from women asking if they are currently providing abortions, or when they will start," Planned Parenthood says.

A spokeswoman for the Department of Health and Senior services said the department generally does not comment on ongoing litigation.

“With limited providers in our state, women are forced to travel out of their communities multiple times, meaning greater expense and increased time from family, school, and work,” Kogut said in a statement. “We are fighting for expansion to remove the current burden on our patients and offer care within or closer to their communities, something women and patients desire and deserve.”

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