Missouri Judge Delays Planned Parenthood Funding Lawsuit
by St. Louis Post-Dispatch

Jefferson City, MO -- Cole County Circuit Judge Byron Kinder is taking issue with a Missouri Supreme Court order that calls for him to dismiss a state lawsuit against Planned Parenthood.

Kinder's action adds another twist to Planned Parenthood's attempts to be reinstated as a provider in Missouri's family-planning program. The suit supports a state law aimed at keeping Planned Parenthood out of the program ensuring taxpayer money will not be sent to facilities that perform abortions.

The legislature passed the law in 1999.

Kinder filed papers Thursday that reply to an order issued May 28 by the state's highest court. Kinder was told to dismiss the suit by next Thursday, or explain his objections. Kinder argued in his reply that the case shouldn't be dismissed until he has first dealt with various unresolved legal arguments surrounding the case.

Kinder's action sets in motion a series of replies that likely will delay a final state Supreme Court ruling until late August, at the earliest.

The dismissal has been sought by Planned Parenthood and pro-abortion Missouri Attorney General Jay Nixon. It's opposed by pro-life state lawmakers seeking to keep Planned Parenthood from getting state family-planning money.

"We're disappointed at yet another delay and concerned," said Paula Gianino, chief executive for Planned Parenthood of the St. Louis Region.

Legislators who oppose abortion crafted the state restrictions because some Planned Parenthood clinics also perform abortions. When the ban went into effect, about $750,000 in state money was annually going to various Planned Parenthood operations around the state.

In the ensuing court fight, Nixon has had a dual job -- representing the lawmakers who want to keep Planned Parenthood out of the state program, and the state Department of Health which signed contracts allowing Planned Parenthood to participate. The state Supreme Court ruled in January that Nixon had to pick a side.

Since then, he has tried to get the case dismissed.

Nixon initially sought to have the case dismissed "with prejudice," meaning that no one else could file a similar suit against Planned Parenthood. He has backed off that approach and now has asked the judge to dismiss the case "without prejudice," which would allow someone else to take up the fight.

Kinder noted in Thursday's reply that his court has yet to hold a hearing on Nixon's altered request. Kinder also wrote that a private individual, identified as Daniel R. Shipley, has filed a motion seeking to continue the suit against Planned Parenthood. Kinder told the high court that Shipley's request deserved to be heard in court.

From:  The Pro-Life Infonet <infonet@prolifeinfo.org>
Reply-To:  Steven Ertelt <infonet@prolifeinfo.org>
Subject:   Missouri Judge Delays Planned Parenthood Funding Lawsuit
Source:   St. Louis Post-Dispatch; June 21, 2002