Midwives of the World Unite

The Missouri State Supreme Court hears a case, Wednesday morning, that is - to say the least - quite controversial.  It's officially listed as SC88783: Missouri State Medical Association, et al. v. State of Missouri and Missouri Midwives Association, et al.  The Court's decision will determine the validity of the midwifery component of HB 818 from 2007 - a bill dealing with life, health, or accident insurance.

It all stems from that bill - HB 818 - that was originally passed in the House, and expanded on by the Senate when Senator John Loudon (R-Chesterfield) added what is known as a "legislative tuck" when he slipped language legalizing the services of certified midwives.  Loudon had tried to have the Senate pass a stand alone bill legalizing midwifery, but the bill was filibustered by Senator Chuck Graham (D-Columbia), and went nowhere.  Loudon saw his opportunity to attach the midwifery provision to HB 818 and did so.  It passed the Senate, unbeknownst to many Senators who did not read the entire bill before voting on it, and went back to the House where it was passed in its expanded form, and was signed by Governor Blunt last June.

The Missouri State Medical Association went to court, claiming a violation of Missouri's so-called Hammerschmidt rule - a constitutional requirement that any provision of any bill must relate to the original purpose and title of that bill.  Cole County Circuit Judge Patricia Joyce agreed and struck down the midwifery component.

Then came the challenge of that ruling to the Supreme Court.  I wanted to explain the Hammerschmidt rule because it is something you are likely to hear mentioned frequently as you follow this case on the Missourinet and on television.  And remember something else ... the argument before the Supreme Court, as was the case in Cole County Circuit Court, has little or nothing to do with the merits of midwifery.  Midwifery, as an institution, is legal in most jurisdictions outside Missouri ... but there is strong opposition from the medical establishment in this state.  The Supreme Court judges will only hear arguments on the Hammerschmidt question ... and will eventually rule on that - not on the merits of midwifery.  I hope this four paragraph entry will help explain what might appear to be a little more complicated than it really is.

- Steve Walsh

Comments

[pap smear]

Wonder how much money the state of Missouri has spent on the defense of this lawsuit caused by Senator John Loudon's deception with his Senate Colleagues?

So much for his "tax watchdog" status he touts.