Missouri Abortion Ban Faces Legal Challenge

A Jackson County Circuit Court judge will consider arguments Wednesday over a lawsuit seeking to overturn Missouri’s near-total abortion ban.

The case, filed by abortion-rights advocates, comes shortly after voters approved a constitutional amendment affirming abortion rights in the state.

Judge Jerri Zhang will hear arguments from Planned Parenthood and the Missouri Attorney General’s Office on whether to temporarily block the enforcement of the state’s restrictive abortion laws.

What Is the Basis of the Lawsuit?

The lawsuit argues that Missouri’s abortion laws, if left in place, would continue to impose significant harm on residents. “If left in place, the above-described restrictions will continue to be catastrophic for Missourians,” lawyers for the abortion-rights supporters wrote in a court filing.

They contend that the laws either prevent care entirely or delay it severely.

Missouri’s constitutional amendment does not directly overturn existing state laws but provides a legal framework for advocates to challenge abortion bans they consider unconstitutional.

Missouri Attorney General Andrew Bailey, an abortion opponent, acknowledged last week that most abortions would become legal under the amendment, set to take effect Thursday.

However, Bailey continues to defend certain restrictions, including a ban on most abortions after viability and a range of other regulations.

How Does Missouri’s Law Compare to Other States?

Missouri is among several states where voters recently passed measures to protect abortion rights. This year, five states approved amendments adding abortion rights to their constitutions, including Nevada and New York.

However, in states such as Arizona, where a new constitutional amendment expanded access, lawsuits have been filed to undo prior restrictions, including a 15-week abortion ban.

Missouri’s amendment permits lawmakers to impose restrictions after viability, with exceptions to protect the life or health—physical or mental—of the pregnant individual. Viability, a term used by health care providers, generally refers to the stage when a fetus could survive outside the uterus, typically after the 21st week of pregnancy.

What Restrictions Are Being Challenged?

Planned Parenthood is challenging a number of Missouri’s abortion laws, including a 72-hour waiting period, a ban on abortions based on race, sex, or a possible Down syndrome diagnosis, and licensing requirements for abortion providers.

These regulations, they argue, made offering abortions nearly impossible even before the state’s near-total ban took effect in 2022.

The Attorney General’s Office argued that Planned Parenthood has not proven it will be negatively impacted by those laws, noting that no abortions have been scheduled yet.

“Planned Parenthood concedes they have no appointments scheduled for right after the amendment goes into effect and have not even tried to obtain relevant licenses or create necessary complication plans,” state attorneys wrote.

It remains unclear when Judge Zhang will decide on the request for a preliminary injunction. Her ruling could have significant implications for the future of reproductive health care access in Missouri.

This article includes reporting from The Associated Press