COLUMBIA, Mo. — The Republican attorney general of Missouri is set to uphold specific abortion restrictions despite the anticipated impact of a new constitutional amendment aimed at reversing the state’s strict ban on the procedure.
Attorney General Andrew Bailey, in response to a request from incoming GOP governor Mike Kehoe, has indicated that his office will persist in enforcing the ban on abortions performed after fetal viability. The recently adopted amendment does provide an exemption for scenarios where a healthcare provider considers an abortion essential to safeguard the life or the physical or mental health of the pregnant individual.
Bailey’s interpretation of the amendment asserts that, under its terms, the government retains the right to protect lives that are deemed innocent following viability. “The statutes thus remain generally enforceable after viability,” he stated.
Additionally, his office plans to uphold an existing Missouri law mandating parental consent for minors seeking abortions. This decision comes in the wake of voters endorsing a ballot measure that guarantees abortion rights in the state constitution while permitting restrictions or outright bans post-viability.
Viability is a medical term used to evaluate whether a pregnancy has the potential to progress normally or if a fetus can survive outside the mother’s womb. Although it does not have a fixed timeline, medical professionals generally agree that it occurs sometime beyond the 21st week of gestation.
The approval of this measure represents one of seven significant victories for abortion rights activists during the recent elections, whereas Florida, Nebraska, and South Dakota rejected similar constitutional amendments, thereby maintaining their existing bans.
Other states such as Arizona, Colorado, Maryland, and Montana also saw successful passage of abortion rights amendments. In Nevada, voters accepted an amendment, which will require reapproval in 2026 for it to become effective. Additionally, New York passed an amendment prohibiting discrimination based on “pregnancy outcomes.”
The Missouri amendment, set to be implemented on December 5, does not explicitly nullify any existing state laws. Consequently, advocates are left to petition the courts for the invalidation of bans they believe are now unconstitutional.
In a proactive move following the election, Planned Parenthood affiliates in Missouri initiated a lawsuit aimed at overturning the state’s abortion ban, along with challenging several related regulations. This legal action is currently ongoing.
The stipulation allowing for restrictions on abortions after viability proved to be contentious among some supporters of abortion rights in Missouri. Concerns arose that exclusion of such limitations might jeopardize their efforts to secure lasting abortion protections. Conversely, others warned of the risks associated with granting the Republican-led Legislature the authority to create regulations that could substantially hinder access to abortion services.