Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc. Ex Rel. Crist v. Nixon

BYE, Circuit Judge.

In 1999, the Missouri legislature enacted the “Infant’s Protection Act,” which established the crime of infanticide. Mo.Rev. Stat. § 565.300. The statute criminalizes what is commonly known as partial birth abortion. The district court 1 determined, at summary judgment, the statute wás unconstitutional under the Supreme Court’s decision in Stenberg v. Carhart, 530 U.S. 914, 120 S.Ct. 2597, 147 L.Ed.2d 743 (2000), because the ban contained no exception for the preservation of the health of the mother. This appeal follows. Reviewing the merits, see Reproductive Health Servs.…