A judge in Jefferson City, Missouri ruled that the state’s near-total abortion ban is unenforceable under a new constitutional amendment, which created a right to abortion that was approved by voters in the November election. Planned Parenthood expressed that the ruling is not enough for them to resume providing abortions in the state.
The judge, Jerri Zhang, stated that the abortion ban directly contradicts the constitutional amendment and also blocked the state from enforcing other abortion restrictions, such as a 72-hour waiting period and an informed consent law. However, she did not block certain other contested abortion laws, including one that requires abortion facilities to be licensed by the Missouri Department of Health and Senior Services. Planned Parenthood cited difficulties in complying with some of the licensing requirements for their facilities.
Missouri is one of five states where voters approved ballot measures to add the right to an abortion to their state constitutions in the 2024 general election. The Missouri amendment did not explicitly override any laws, so advocates had to seek legal action to challenge specific laws they believed were now unconstitutional.
The ruling by Judge Zhang is preliminary but indicates that the abortion ban is likely to be found unconstitutional as the legal process unfolds. Missouri was among the first states to implement a near-total ban on abortions following a U.S. Supreme Court ruling in June 2022 that overturned the Roe v. Wade precedent.
Attorney General Andrew Bailey’s office, which did not immediately respond to requests for comment, had previously agreed that most abortions would be legal under the new constitutional amendment. However, Bailey’s office continues to push for a ban on most abortions after viability and other regulations that Planned Parenthood argues make it challenging to offer abortions in the state.
The injunction issued by Judge Zhang blocked certain Missouri abortion laws, including one prohibiting abortions based solely on a Down Syndrome diagnosis, a telemedicine ban, and a law requiring physicians performing abortions to have admitting privileges at specific hospitals within a certain distance.
Missouri’s constitutional amendment allows lawmakers to restrict abortion after viability, with exceptions to protect the life or health of the pregnant person. The term “viability” refers to the point at which a pregnancy is expected to continue normally or when a fetus could survive outside the uterus, typically after the 21st week of pregnancy according to healthcare providers.
