U.S. 490, 572] House Bill 1596 prohibited the use of public funds to (1983). Id., at 79-81. viability at twenty weeks of gestation was constitutional. Several weeks after the complaint was filed, the District Court temporarily restrained enforcement of several provisions of the Act. Appellees and amici suggest that the State could try to enforce the ban against private hospitals using public water and sewage lines, or against private hospitals leasing state-owned equipment or state land. U.S. 643 407, 426 (WD Mo. definition was not unconstitutional, as it did not restrict women’s -459 (1983) (O'CONNOR, J., dissenting); Roe v. Wade, supra, at 172-178 (REHNQUIST, J., dissenting); Doe v. Bolton, U.S. 490, 557]. regulations to abortion care, limiting women’s access to the procedure. (1976). access to abortions. (1943). Section 188.029 conflicts with the purpose and hence the fair import of this principle because it will sometimes require a physician to perform tests that he would not otherwise have performed to determine whether a fetus is viable. There is, accordingly, no dispute between the parties before us over the constitutionality of the "presumption of viability at 20 weeks," ante, at 515, created by the first sentence of 188.029. 188.210, 188.215 (1986), cannot succeed. Indiana's law sought to ban abortions performed solely on the basis of the fetus' gender, race, ethnicity, or disabilities. considered on the viability of the fetus, not the stage of the 514, 515. Const., Art. U.S. 490, 528] [492 1988). U.S., at 420 [ After Casey, abortions were illegal if performed [ 188.200(1) (1986). This process often produces excess fertilized ova ("unborn children" under the Missouri Act's definition) that are discarded rather than reinserted into the woman's uterus. U.S. 401 U.S. 490, 502] to determine fetal viability, and the use of public facilities and public employees. Footnote 10 ] See, e. g., Brief for Catholics for a Free Choice et al. a pregnancy. 4 the privacy of physicians’ relationships with patients. Blackmun stated that the law was therefore unconstitutional because it . O’Connor based her decision on the state’s interest in protecting 322 The Missouri statute defines "conception" as "the fertilization of the ovum of a female by a sperm of a male," Mo. Whatever one may think of Maher, Poelker, and Harris, however, they most certainly do not control this case, where the State not only has withdrawn from the business of abortion, but has taken affirmative steps to The plurality is quite correct: "the viability-testing provision makes sense only if the second sentence is read to require only those tests that are useful to making subsidiary findings as to viability," ante, at 514, and, I would add, only those examinations and tests that it would not be imprudent or careless to perform in the particular medical situation before the physician. prohibiting the use of public facilities for abortion care My interpretation of the plain language is supported by the structure of the statute as a whole, particularly the preamble, which "finds" that life "begins at conception" and further commands that state laws shall be construed to provide the maximum protection to "the unborn child at every stage of development." The Missouri Legislature may not inject its endorsement of a particular religious tradition into this debate, for "[t]he Establishment Clause does not allow public bodies to foment such disagreement." 1.205.3. Arnold, one of the appeals court judges, wrote his own Similarly irrational is the new concept that JUSTICE O'CONNOR introduces into the law in order to achieve her result, the notion of a State's "interest in potential life when viability is possible." of Social Services, Since the late 1980's, the Supreme Court has. prohibited the use of public funds, employees, or facilities to "encourage or counsel" a woman to have an abortion, except where her life was in danger. On these grounds, abandoned by the plurality, the Court should decide this case. [ Where the lower court has so clearly fallen into error I do not think abstention is necessary or prudent. requirements of physicians, Susman next addressed the requirement that Despite the clear recognition by the Thornburgh majority that the Pennsylvania and Missouri statutes differed in this respect, there is no hint in the opinion of the Thornburgh Court that the State's interest in potential life differs depending on whether it seeks to further that interest postviability or when viability is possible. The tests also presented risks to the fetus statute's plain language requires the physician to undertake whatever tests are necessary to determine gestational age, weight, and lung maturity, regardless of whether these tests are necessary to a finding of viability, and regardless of whether the tests subject the pregnant woman or the fetus to additional health risks or add substantially to the cost of an abortion. Stern Brothers & Co. v. Stilley, 337 S. W. 2d 934, 939 (Mo. the law required physicians to perform medical tests to deduce fetus’ 491 I also see no conflict with the Court's holding in Akron v. Akron Center for Reproductive Health, Inc., This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. or infections that might harm the woman. U.S. 707, 713 U.S. 113 Justice Blackmun did not agree with the Court’s 16 U.S. 416, 444   pregnant before performing them. regulate abortions before the fetus was viable. 432 U.S. 435, 448 As in Texas, this law would have limited abortions to one single doctor in the state, as other doctors had not yet gained admission privileges or are outside the given range.

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