Judge blocks Missouri abortion ban, other rules after Amendment 3 lawsuit
COLUMBIA, Mo. (KMIZ) -
A Jackson County judge blocked Missouri's near-total abortion ban Friday following the passage of a statewide constitutional amendment in November.
Judge Jerri Zhang's 22-page ruling temporarily blocks several state laws regulating the procedure. That includes Missouri's law banning abortions except for a medical emergency.
Planned Parenthood sued the state shortly after voters approved Amendment 3 in November, enshrining reproductive rights in the state's constitution. It called for the judge to block multiple laws and rules around abortion. The agency said it hoped to start performing abortions again at several clinics in the state, including its Columbia clinic.
Zhang's ruling also blocked laws banning abortions based on the gestational age of the unborn child, the reason a woman is seeking an abortion and some rules on hospital admitting privileges.
The injunction blocks the requirement that clinics submit tissue taken in an abortion to a pathologist. Women will also no longer need to sign a waiver of "informed consent" before an abortion. The ruling also nullifies the need to wait 72 hours between two in-person visits before receiving an abortion.
“The judge was taking her responsibility very seriously. She thought really carefully about this and that's why we got a ruling that is partially in favor of the plaintiffs here and partially in favor of the government,” Dave Roland, Director of Litigation for the Freedom Center of Missouri said.
Zhang left in place some laws regarding licensing requirements for clinics offering abortion and the need to see the same doctor in person twice for an abortion.
Those are the same rules that made Planned Parenthood stop offering abortions at its Columbia clinic years ago. Now, the group says those rules still make it impossible for them to restart the procedure.
“It is unacceptable that tomorrow, just like for the past two weeks, Missourians will have a constitutional right that cannot be realized in their home state,” Emily Wales, president and CEO of Comprehensive Health of Planned Parenthood Great Plains said in a statement. “We’re relieved the court recognized and enjoined many oppressive laws on the books that serve no purpose except to put abortion out of reach. Unfortunately, a key tool weaponized by anti-abortion politicians — the licensure process — remains in effect, and we are unable to restore care. We stand ready to begin providing access to abortion in Missouri and will keep fighting to ensure Missourians' rights are fully realized as soon as possible.”
Anti-abortion group, Missouri Stands with Women was also unhappy with the ruling dangerous. It argues that it allows “Big Abortion” to profit from abortions saying that under the ruling “Missouri is no different than Communist China where sex-selective abortions are routinely performed.” It also took issue with striking down the requirement that abortion doctors have local hospital privileges at a hospital that provides OB/GYN care, arguing that it puts women who have a botched abortion in danger.
“Missouri voters were never told these outcomes would become reality as a result of Amendment 3. The more Missourians learn about blatant discriminatory abortions being legalized and the health and safety of women being put in danger they will demand Missouri fix this issue and not be used to push Planned Parenthood’s and Big Abortion’s dangerous and hateful agenda,” Stephanie Bell, a spokeswoman for Missouri Stands with Women said.
Roland says that more legal action is on the way.
“The question is all but certain to end up at the Missouri Supreme Court. We don't know how quickly this case is going to get out there, but it could be sooner rather than later,” Roland said. “In the meantime, those that wish to exercise the rights afforded by Amendment 3 have at least a minimal level of security, knowing that they can do so."
The judge set another hearing for Feb. 27, 2025.
