KANSAS CITY, Mo. — On Wednesday, abortion-rights advocates urged a judge to overturn Missouri’s nearly total ban on the procedure, following a recent voter-backed constitutional amendment aimed at securing abortion rights.
Judge Jerri Zhang of the Jackson County Circuit was scheduled to hear arguments between Planned Parenthood and the Missouri Republican Attorney General’s Office regarding the request for a temporary order to halt the enforcement of the state’s restrictive abortion laws.
In a court brief, attorneys representing abortion-rights supporters cautioned that maintaining the existing restrictions would have devastating consequences for individuals in Missouri. They stated, “These rules will either obstruct access to care entirely or cause significant delays and interruptions in the provision of services.”
Missouri stands among five states that recently approved ballot initiatives to include the right to an abortion in their state constitutions, marking a significant step in reproductive rights. While Nevada also favored an amendment, it must be reaffirmed in 2026 for it to be enacted. New York successfully passed a measure prohibiting discrimination based on “pregnancy outcomes.”
In a related development, reproductive rights advocates in Arizona initiated legal proceedings to challenge a 15-week abortion ban, which contradicts the state’s newly enacted constitutional amendment that expands access to abortion up to the point of fetal viability.
The Missouri constitutional amendment does not expressly negate any existing state laws. Instead, it empowers advocates to seek judicial intervention to invalidate prohibitive laws they view as unconstitutional under the new amendment.
Last week, Missouri Attorney General Andrew Bailey, known for opposing abortion, acknowledged that with the amendment’s implementation on Thursday, most abortions would become legal.
Nevertheless, Bailey’s office continues to advocate for restrictions on most abortions following viability and maintains various regulations that Planned Parenthood claims created nearly insurmountable barriers to providing abortion services even before the state’s near-total ban came into effect in 2022.
The newly established Missouri amendment permits legislators to impose regulations on abortions post-viability, allowing exceptions to preserve the life or physical or mental well-being of the pregnant individual. The term “viability” is often used by medical practitioners to assess whether a pregnancy is likely to progress normally or if a fetus could survive outside the womb; although there is no strict timeframe, it is generally understood to be after the 21st week of pregnancy.
Additional laws that Bailey is defending include a mandated 72-hour waiting period prior to an abortion procedure, prohibitions on abortions predicated on race, sex, or potential Down syndrome diagnoses, and a requirement for abortion-providing medical facilities to acquire licensure as ambulatory surgical centers.
The Attorney General’s Office contended that Planned Parenthood has not established evidence to suggest adverse effects from these regulations, pointing out the absence of scheduled abortion appointments. “Planned Parenthood acknowledges they have no procedures booked immediately following the amendment’s enforcement, nor have they attempted to secure the necessary licenses or develop appropriate contingency plans,” indicated state attorneys in their court presentation.
It remains uncertain when Judge Zhang will make a decision regarding the request for a preliminary injunction.