389 F. Supp. 3d 631
E.D. Mo.2019Background
- Plaintiffs (RHS and affiliated providers) challenge Missouri H.B. 126 provisions that ban abortions at specified pre-viability gestational ages and prohibit abortions for reasons of race, sex, or Down syndrome.
- The court reviews a motion for a preliminary injunction to block enforcement of the challenged provisions pending final adjudication.
- Court finds existing Supreme Court precedent bars states from selecting specific pre-viability fetal ages to prohibit abortion; several lower courts have struck similar gestational limits.
- The most consequential provision would ban abortions after 8 weeks LMP, affecting a large share of RHS’s patients; a 20-week ban would affect fewer procedures annually but is also challenged.
- The court finds speculative the harms asserted from the anti-discrimination provision (e.g., frequency of "Down syndrome abortions," criminal prosecutions, license revocations) and denies preliminary relief as to that provision without prejudice.
- The court grants a preliminary injunction enjoining enforcement of the pre-viability weekly bans in H.B. 126 (Mo. Rev. Stat. §§ 188.056, 188.057, 188.058, 188.375) but retains the viability prohibition and jurisdiction to modify the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of pre-viability weekly abortion bans | Weekly gestational bans conflict with Supreme Court precedent and unduly burden abortion rights | State seeks to enforce bans to restrict abortions at set weeks prior to viability | Preliminary injunction issued: enjoined the listed pre-viability weekly bans pending litigation |
| 8-week ban specifically | Prohibits majority of RHS patients from accessing abortions; irreparable harm warrants immediate relief | State advances policy interests and legislative intent to restrict abortions earlier | Court finds 8-week ban likely invalid under controlling precedent and grants interim relief |
| 20-week ban | Plaintiff: likely unconstitutional under established caselaw; will prevent ~100 abortions/year | State: asserts interest in fetal life at later gestation | Court finds 20-week restriction likely invalid and enjoins its enforcement pending final judgment |
| Anti-discrimination provision (banning abortions for race/sex/Down syndrome reasons) | Plaintiffs: provision is vague, could force intrusive screening, chill lawful abortions; seeks injunction | State: submits factual material and contends enforcement is appropriate to prevent discriminatory terminations | Preliminary injunction denied without prejudice as to § 188.038 due to speculative nature of asserted immediate harms; court leaves open renewed motion with better evidence |
Key Cases Cited
- Bryant v. Woodall, 363 F. Supp. 3d 611 (M.D.N.C.) (struck 20-week limit)
- McCormack v. Herzog, 788 F.3d 1017 (9th Cir.) (invalidated Idaho statute restricting pre-viability abortions)
- Isaacson v. Horne, 716 F.3d 1213 (9th Cir.) (invalidated Arizona gestational restriction)
- Jane L. v. Bangerter, 809 F. Supp. 865 (D. Utah) (struck pre-viability restriction)
- Dataphase Sys. Inc. v. C L Sys. Inc., 640 F.2d 109 (8th Cir.) (preliminary injunction standard)