The 8th Circuit Court of Appeals has dismissed a lawsuit filed by the Satanic Temple and its member “Jane Doe” seeking to invalidate Missouri’s 72 hour waiting period, among other claims. The Satanic Temple and Doe filed the claim in federal court after Doe terminated her pregnancy through abortion. The federal district court dismissed the claim, because Doe was not pregnant at the time she filed the lawsuit. The federal appeals court affirmed the dismissal, stating that because Doe was not pregnant at the time she sued, she is not permitted by law to sue.
Other female members of the Satanic Temple have filed similar lawsuits (one in federal court and one in state court) challenging Missouri’s abortion law. In both cases, the claimants were pregnant at the time they sued. The case filed in Missouri state court was dismissed at the trial court level and is currently being reviewed by the Missouri Supreme Court. The trial court in the federal case has not yet ruled on a Motion to Dismiss filed on behalf of the state of Missouri.