Comprehensive Health of Planned Parenthood Great Plains v. Hawley, No. 17-1996 (8th Cir. 2018)Annotate this Case
The Eighth Circuit vacated a preliminary injunction enjoining provisions of Missouri Revised Statute section 197.200 (2007), which required a doctor who performs abortions at an ambulatory surgery center (ASC) to have surgical privileges at a licensed hospital in the community, and regulations issued by the Missouri Department of Health and Senior Services, which required a number of physical design and layout provisions for facilities performing abortions.
The court held that a substantive due process challenge to the Physical Plant Regulations—governed by the "cost-benefit analysis" required by the undue burden standard—was not currently fit for judicial resolution given the paucity of evidence on how DHSS will grant waivers. Because the court lacked sufficient information to make a constitutional determination on the Physical Plant Regulations, the court remanded to the district court for further consideration. The court also held that the district court failed to apply the plain language of Whole Women's Health v. Hellerstedt, 136 S. Ct. 2292, as revised (June 27, 2016), when it enjoined the Hospital Relationship Requirement. Therefore, the court remanded for the district court, at the very least, to weigh the state's asserted benefits against the burdens associated with the requirement.