Missouri Supreme Court Upholds Informed Consent Before Abortion

February 28, 2006, JEFFERSON CITY, MO – On February 28, 2006, the Missouri Supreme Court unanimously upheld Missouri's informed consent before abortion statute, in the face of challenges from abortion providers The lawsuit which was filed by the Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc., argued that the statute was unconstitutionally vague and on the grounds that the Missouri constitution more broadly protects a person's person of life, liberty, or property than the corresponding language of the federal constitution.

The Supreme Court stated that the statute is not vague because, aside from the 24-hour waiting requirement, the statute in question places no further duty upon Missouri physicians than is already imposed at common law. The statute merely codifies the physician's duty to obtain informed consent from a patient prior to an abortion and creates criminal or disciplinary liability if the physician knowingly fails to fulfill that duty. In particular, a physician's duty to warn of "psychological" or "situational" risk factors cannot extend beyond the physician's actual expertise, a physician has a duty to warn about only those factors that he or she knows may affect the patient's medical condition. The court noted that this language was crucial to reaching its result in this matter.

With respect to the state constitutional claim, the Missouri Supreme Court stated that the United States Supreme Court already has determined that such a waiting provision does not violate the federal constitution, and saw no need, within the context of this case, to construe the Missouri constitution more broadly than the provisions of the United States constitution.

“We are happy that the Missouri Supreme Court upheld the constitutionality of this law that greatly protects women considering an abortion,” said Deacon Larry Weber, Executive Director of

the Missouri Catholic Conference. “Women should be informed of all risks associated with any medical procedure but the risks attendant to abortions are not well known and are often misrepresented by the abortion industry. This legislation will provide women much more information than they currently receive if considering an abortion. “