Missouri Supreme Court to hear arguments for state abortion ban funding

1 month 2 weeks 4 days ago Monday, December 09 2019 Dec 9, 2019 Monday, December 09, 2019 12:38:00 PM CST December 09, 2019 in News
By: Destinee Patterson, KOMU 8 Reporter
loading

JEFFERSON CITY - The Missouri Supreme Court will hear arguments on Tuesday regarding this question: Is abortion an appropriate subject for lawmakers to address in an appropriations bill?

In 2018, state lawmakers denied funding for any abortion facility for fiscal year 2019.

Planned Parenthood in St. Louis subsequently sued the state.

The Administrative Hearing Commission, or AHC, ruled in favor of the state. However, St. Louis Circuit Judge David Dowd ruled the decision is illegal under the state's constitution. 

"The Missouri Supreme Court is the last word on the Missouri Constitution," the ACLU director, Tony Rothert, said.

Attorneys for Planned Parenthood argued the state's decision violated the state constitution because it excluded Planned Parenthood and other facilities that perform abortions.

Planned Parenthood attorneys said the state is required "to pay for physician and family planning services on behalf of MO HealthNet beneficiaries, regardless of the provider of those services."

The American Civil Liberties Union filed a Friend-of-the-Court brief in support of Planned Parenthood. 

Rothert said this case is not really about abortion.

"This is about non-abortion healthcare, whether women can choose to go to Planned Parenthood to get birth control or other healthcare," he said. 

The state, however, said providers are not entitled to payment. 

"Both statutes confer benefits on patients, but they do not purport to
guarantee that any individual provider will be eligible for reimbursement," the state said in its brief.

Rothert said he thinks the state is trying to take a shortcut to get what it wants.

"I think the reason why the legislature is doing this is to try to prevent Planned Parenthood from having income from providing other medical resources, in the hopes that Planned Parenthood will leave the state," Rothert said. 

But the state's attorneys said the budget can "provide legislative guidance or direction about the use of an appropriation without contravening or amending substantive law."

Article IV, section 23 is also one of the articles in question. 

It states, "every appropriation law shall distinctly specify the amount and purpose of the appropriations law without reference to any other law."

The appropriations bill, passed in 2018, contained references to other laws. 

But the state said that is not uncommon.

"Many sections of many appropriations bills contain statutory cross-references," attorneys wrote. 

Planned Parenthood argued the references could make it unclear, but the state said a reader "can ascertain the amount and purpose of this."

The St. Louis Planned Parenthood clinic is currently the only abortion provider in Missouri. 

After both sides give their arguments on Tuesday, the Supreme Court could take anywhere from 30 days to a year to come to a decision. 

Rothert said he thinks the Court will decide within 90 days in order to have a decision before the next appropriations decision. 

KOMU 8 News reached out to Missouri Right to Life, an anti-abortion activist group, multiple times for comment. The group did not provide a statement.

More News

Grid
List
JEFFERSON CITY - Fire crews were dispatched to a residential structure fire in the 1000 Block of Laurel Drive on... More >>
7 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 10:19:00 PM CST January 26, 2020 in News
COLUMBIA - Kobe Bryant’s death shocked the nation and left many fans devastated. While mid-Missouri may be halfway across... More >>
8 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 9:24:00 PM CST January 26, 2020 in News
COLUMBIA - Police officers were dispatched to a report of an armed robbery at Domino’s Pizza, I-70 Drive Southwest, Sunday... More >>
9 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 8:56:00 PM CST January 26, 2020 in News
CALLAWAY COUNTY - A judge sentenced a Fulton man to 17 years in prison last week after he admitted to... More >>
13 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 4:59:00 PM CST January 26, 2020 in Continuous News
JEFFERSON CITY - A bill that would allow parents to record meetings with their child's educators is moving forward in... More >>
13 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 4:42:00 PM CST January 26, 2020 in News
COLUMBIA - Police are investigating a shooting between two cars, which started at a roundabout on Business Loop 70 Sunday... More >>
14 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 3:07:00 PM CST January 26, 2020 in News
CALABASAS, Calif. - NBC reports Kobe Bryant and daughter Gianna are among nine people who died in a helicopter crash... More >>
15 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 2:22:00 PM CST January 26, 2020 in News
COLUMBIA - Even though he grew up in Kentucky, Braden Tyrer is as big a Chiefs fan as they come.... More >>
15 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 2:21:00 PM CST January 26, 2020 in News
SPRINGFIELD, Mo. (AP) — A former southwestern Missouri fire chief convicted last year of raping a young woman has been... More >>
16 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 1:30:17 PM CST January 26, 2020 in News
LOS ANGELES (AP) — Health officials in Los Angeles County have confirmed a fourth U.S. case of the new pneumonia-like... More >>
16 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 1:24:49 PM CST January 26, 2020 in News
COLUMBIA - The City of Columbia, Voluntary Action Center (VAC), and the Downtown Optimist Club are putting on their annual... More >>
18 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 11:31:00 AM CST January 26, 2020 in Continuous News
KINGDOM CITY— A Callaway County Sheriff's Office deputy found a stole firearm, numerous "felony level controlled substances" and drug paraphernalia... More >>
19 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 10:50:00 AM CST January 26, 2020 in News
JEFFERSON CITY, Mo. (AP) — Abortion is expected to play a key role in Missouri's 2020 governor’s race, when voters... More >>
19 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 10:21:45 AM CST January 26, 2020 in News
BENTON COUNTY — A Blue Springs, Missouri woman is dead after a crash Saturday night. Andralee Taylor, 32, was... More >>
20 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 9:20:01 AM CST January 26, 2020 in News
BOONE COUNTY - Boone County will celebrate its bicentennial in 2020, and one of the first efforts to create a... More >>
21 hours ago Sunday, January 26 2020 Jan 26, 2020 Sunday, January 26, 2020 9:01:00 AM CST January 26, 2020 in News
COLUMBIA- Singing, dancing, and speaking were all part of The Cultural Association of India's annual India Day celebration Saturday afternoon.... More >>
1 day ago Saturday, January 25 2020 Jan 25, 2020 Saturday, January 25, 2020 5:05:00 PM CST January 25, 2020 in News
COLUMBIA— Officers with the University of Missouri Police Department arrested John T. McLiney, 19, on one count of... More >>
1 day ago Saturday, January 25 2020 Jan 25, 2020 Saturday, January 25, 2020 4:00:00 PM CST January 25, 2020 in News
COLUMBIA - The Choral Arts Alliance of Missouri is holding its 5th Annual Unity Concert. The goal of the event... More >>
1 day ago Saturday, January 25 2020 Jan 25, 2020 Saturday, January 25, 2020 3:53:00 PM CST January 25, 2020 in News
Columbia, MO
Broken Clouds 29°
6am 28°
7am 28°
8am 29°
9am 30°