Planned Parenthood of Kansas and Missouri says loss in court aids

Planned Parenthood of Kansas and Missouri lost an effort on Friday to strike down what they say is a burdensome state law. Then again, maybe they didn't lose at all.

As the organization wages a two-pronged effort to overturn a Missouri law that tightens regulations for abortion clinics, seemingly negative decisions in state court ultimately could help it present its case at the federal level by proving the group has suffered harm, an attorney for the group said Monday.

Planned Parenthood says a 2007 state law classifying some of the organization's clinics as ambulatory surgery centers would require it to extensively upgrade its facilities -- even those such as the Kansas City clinic that only prescribe such drugs as the RU-486 pill.

The organization has filed multiple lawsuits, opposing the law on constitutional grounds in federal court and claiming the law is vague in state court. A federal judge issued an injunction last year that prevented Missouri authorities from enforcing the law.

In the meantime, Planned Parenthood sought summary judgment in Jackson County Circuit Court, asking that a judge rule that the law as written doesn't apply to their clinics. In a short decision on Friday, Judge Jay Daugherty dismissed Planned Parenthood's motion and granted judgment instead for state officials seeking to enforce the law. He made no comment on the merits of the case.

Arthur Benson II, a solo practitioner representing Planned Parenthood, said Friday's decision was "pro forma," because whichever side lost would automatically appeal to the Missouri Court of Appeals Western District. From there, the case could possibly proceed to the state Supreme Court.

It's unclear whether the appellate courts will affirm Daugherty's reading of the law. But Benson said that a loss at the state level would merely allow Planned Parenthood to pursue a "greatly strengthened" federal suit in that it supported the theory that the law was intended to restrict the ability of those clinics to provide RU-486.

"From our point of view, we cannot lose," he said of the state- level lawsuit.

Benson said a notice of appeal would be filed as early as today.

Attorneys with the Alliance Defense Fund, which is defending Missouri Director of Health and Senior Services Jane Drummond in the suit, could not be reached for comment Monday. In a prepared statement on Friday, ADF lawyer Dale Schowengerdt hailed Friday's decision saying Planned Parenthood must follow the law.

"The health and welfare of Missourians is worth more than Planned Parenthood's bottom line," Schowengerdt said. "The court was right to determine that the law was not designed to give clinics that dispense RU-486 a pass when it comes to safety regulations that all medical facilities must follow."

The law was supposed to go into effect last August. In September, U.S. District Judge Ortrie Smith issued a preliminary injunction, agreeing with the plaintiffs that the law might be too broad.

However, he denied a motion to put the federal case on hold while state courts interpret the new law, saying "even if the statute is ambiguous a state court is not likely to disrupt DHSS' plausible interpretation of it."

Since then, the parties have filed a series of motion requesting extensions of time. They are next scheduled to meet on July 7.

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