Morning Briefing
Summaries of health policy coverage from major news organizations
'Access Is Hanging By A Thread': Judge Kicks Fight Over Missouri's Last-Remaining Clinic To An Administrative Panel
A Missouri judge on Monday ruled that the state's lone abortion clinic can continue performing abortions through Friday but kicked the clinic's lawsuit out of court. St. Louis Circuit Judge Michael Stelzer extended a preliminary injunction he previously issued in order to give a Planned Parenthood affiliate in St. Louis time to take a licensing fight before an administrative panel. (6/24)
Stelzer ruled Planned Parenthood, the national women's healthcare and abortion provider, had failed to exhaust its remedies before administrative officials and that, as a result, the case should not be heard in state court. The clinic will have to shut its doors if the commission does not act before the end of business on Friday, Planned Parenthood said in a statement. "The terrifying reality is that access is hanging on by a thread with a narrowing timeline," Dr. Colleen McNicholas, a physician at the clinic, said in a statement provided by Planned Parenthood. (6/24)
In his ruling, Stelzer cited case law on license-renewal procedures that requires an applicant to exhaust all administrative remedies before seeking judicial review. That means Planned Parenthood must take its case against state health officials to the Administrative Hearing Commission, he wrote. 鈥淭he court has not authority to intercede in this matter until there has been a final decision by the AHC,鈥 the judge wrote. (Chen, 6/24)
Planned Parenthood鈥檚 physicians said they will continue performing abortions as long as they鈥檙e allowed, and they accused the state of carrying out an antiabortion political agenda. 鈥淭he terrifying reality is that access is hanging on by a thread with a narrowing timeline,鈥 Colleen McNicholas, an OB/GYN at the clinic, said in a statement. 鈥淭he truth is, if the Administrative Hearing Commission does not act by Friday, abortion access in the state of Missouri will be gone. This creates uncertainty for the patients we serve.鈥 (Thebault, 6/24)
The AHC, which handles disputes between state agencies and individuals or businesses, often reviews licensing matters. It has the ability to extend Planned Parenthood鈥檚 license to offer abortions by granting a stay. The four commissioners 鈥 three of whom were appointed by former Gov. Jay Nixon 鈥 hear cases individually and their decisions can be subject to judicial review. (Thomas, 6/24)
Doctors and representatives at the Planned Parenthood clinic have characterized the state鈥檚 actions as an effort to deplete abortion clinics in the state. State officials have said their focus is on maintaining health and safety standards. 鈥淎ccess is always incredibly important to us,鈥 Dr. Williams said on Friday. 鈥淏ut, just understand, in the regulatory environment, our North Star is always the individual who鈥檚 getting patient care.鈥 (Calfas, 6/24)
Throughout 2019, states have mounted challenges to Roe v. Wade, the 1973 Supreme Court ruling that made abortion legal in all 50 states. Alabama's dispute is most restrictive in that it bans virtually all abortions and could send doctors to prison for life if they perform the procedure. That law, slated to go into effect this fall, is being challenged in court. (Scutti, 6/24)
Planned Parenthood sued the state last month for refusing to renew its license. The state, which said it was investigating the clinic for allegedly breaking state laws, would not renew its abortion license without interviewing five of its doctors. (Hellmann and Cohn, 6/24)
In other abortion news 鈥
It鈥檚 been a busy time for Dr. Leana Wen, the new president of Planned Parenthood and the first physician at the helm of the organization in 50 years.聽Since she took office seven months ago, more than 300 proposals to restrict abortion access were introduced in states across the U.S. Many states have passed laws to that prohibit abortions after six weeks of pregnancy. Missouri almost became the first state to not have a single abortion provider, until a judge stepped in to allow the lone clinic to stay open.聽(Chakradhar, 6/25)
In its first year of operation, 21,000 U.S. women聽reached out to Aid Access, an online organization launched in March 2018 that offers聽abortion pills internationally. Requests came from all over the country聽鈦犫撀爀specially states where abortion is tightly restricted.聽Now, with a string of聽states passing聽bans or limits聽in recent weeks聽and the abortion debate聽in the U.S. at a fever pitch, abortion rights advocates say those numbers could climb further. (Lawrence, 6/25)
State officials are appealing a federal judge鈥檚 decision that struck down North Carolina鈥檚 ban on abortions after the 20th week of pregnancy except in a medical emergency. A lawyer for North Carolina鈥檚 Department of Justice filed the notice of appeal to the 4th U.S. Circuit Court of Appeals on Monday, hours before the appeal window was to have expired. (6/24)