JEFFERSON CITY, Mo. — A judge has determined that Missouri’s stringent abortion restrictions cannot be enforced due to a newly passed constitutional amendment, although Planned Parenthood indicated that this ruling alone does not allow them to resume abortion services in the state.
Jackson County Circuit Court Judge Jerri Zhang stated that the existing abortion ban is in direct conflict with the constitutional amendment approved by voters in the recent November elections, which established the right to abortion in Missouri. Furthermore, the judge issued a ruling that prevents the state from enforcing several other related regulations, including a mandatory 72-hour waiting period and an informed consent requirement that compelled patients to receive specific information from the state before undergoing an abortion.
However, the judge chose not to block various other abortion laws that remain contentious, including a stipulation mandating that abortion facilities obtain licenses from the Missouri Department of Health and Senior Services. Planned Parenthood expressed that many of its facilities would struggle to meet some of these licensing criteria, particularly size specifications for hallways, rooms, and doorways, which they deem “medically irrelevant.”
In a statement released following the ruling, Planned Parenthood affirmed its willingness to recommence abortion services in Missouri as soon as allowed by the court. However, they remarked that the ongoing “medically unnecessary and discriminatory clinic licensing requirement” posed significant barriers that rendered this impossible.
Missouri is one of five states where voters chose to incorporate the right to abortion into their state constitutions through ballot measures in the 2024 general election. It is important to note that the Missouri amendment does not nullify any existing laws outright; advocates must seek judicial intervention to challenge specific laws that they contend are unconstitutional under the new amendment.
While this injunction is only provisional, it suggests that Judge Zhang may be inclined to ultimately deem the abortion ban unconstitutional as the litigation progresses.
Following the U.S. Supreme Court’s decisive ruling in June 2022 that overturned Roe v. Wade, which had historically established a nationwide right to abortion, Missouri was among the first states to implement sweeping restrictions on abortion access.
As of now, the office of Attorney General Andrew Bailey, a Republican and advocate of the abortion ban, has not responded to inquiries regarding the ruling. Though Bailey previously acknowledged that most abortions would be permissible following the amendment’s activation, his office continues to push for a prohibition on most abortions post-viability, alongside additional regulations that Planned Parenthood argues have historically rendered it nearly impossible to provide abortion services in Missouri, even prior to the significant restrictions placed in 2022.
Judge Zhang did not block several contested laws, including those that restrict abortion procedures solely to licensed physicians, as well as mandates for in-person consultations prior to an abortion.
Among the laws that were successfully blocked by the recent ruling is one that forbids abortions based solely on a diagnosis of Down Syndrome. Additionally, a law prohibiting the use of telemedicine to facilitate abortion services—mandating that a physician be physically present when a patient ingests medication to terminate a pregnancy—was also set aside. Moreover, the judge stopped the enforcement of regulations requiring that physicians who perform abortions maintain admitting privileges at nearby hospitals.
The constitutional amendment enacted in Missouri permits lawmakers to impose restrictions on abortion procedures after the point of viability, providing exceptions to safeguard the life, physical health, or mental well-being of the pregnant individual.
“Viability” is a term used by medical professionals to assess whether a pregnancy is likely to proceed normally or if a fetus may be capable of surviving outside of the uterus. While no fixed timeframe is established for this determination, medical practitioners commonly indicate it occurs sometime after the 21st week of gestation.