171996P.pdf   09/10/2018  Comprehensive Health  v.  Josh Hawley
   U.S. Court of Appeals Case No:  17-1996
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Shepherd, Author, with Wollman and Erickson, Circuit Judges] 
   Civil case - Abortion. The district court erred in enjoining provisions of 
   Missouri Revised Statute Section 197.200 (2007) which require a doctor who 
   performs abortions at a ambulatory surgery center to have surgical 
   privileges at a licensed hospital in the community and regulations issued 
   by the Missouri Department of Health and Senior Services which require a 
   number of physical design and layout provisions for facilities performing 
   abortions; there is not sufficient information at this point to determine 
   how the waiver provision of the physical plant regulations operates; a 
   substantive due process challenge to the physical plant regulations - 
   governed by the cost-benefit analysis required by the undue burden 
   standard - is not currently fit for judicial resolution given the paucity 
   of evidence as to how the Department will grant waivers, and the court 
   erred in enjoining the regulations; with respect to the hospital 
   relationship requirement, the district court erred in enjoining the 
   requirement and its related criminal provisions because the district court 
   did not properly apply the plain language of Whole Women's Health v. 
   Hellerstedt, 136 S. Ct. 2292, as revised (June 27, 2016); on remand, the 
   district court should, at the very least, weigh the state's asserted 
   benefits against the burdens associated with the requirement.