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REPRODUCTIVE HEALTH SERVICES v. NIXON

No. SC 86768.

185 S.W.3d 685 (2006)

REPRODUCTIVE HEALTH SERVICES OF PLANNED PARENT-HOOD OF The ST. LOUIS REGION, INC., et al., Appellants, v. Jeremiah W. NIXON, et al., Respondents.

Supreme Court of Missouri, En Banc.

February 28, 2006.

Attorney(s) appearing for the Case

Mimi Liu, Roger K. Evans, New York, NY, Arthur A. Benson, II, Jamie K. Lansford, Kansas City, MO, for Appellants.

Jeremiah W. (Jay) Nixon, Atty. Gen., Victorine R. Mahon, Asst. Atty. Gen., Jefferson City, R. Scott Ingram, Office of St. Louis Circuit Atty., St. Louis, John L. Patton, Boone County Counselor, Columbia, MO, for Respondents.

PER CURIAM.

I. Introduction

Section 188.039, RSMo Supp.2003, creates an informed consent requirement including a 24-hour waiting period before elective abortions may be performed in Missouri. Planned Parenthood argues that the act is unconstitutional for vagueness. Planned Parenthood also argues that the 24-hour waiting provision violates rights of liberty and privacy under the Missouri Constitution. All of Planned Parenthood's federal claims have been reserved...

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