Judge considers first lawsuit to overturn Missouri’s near-total abortion ban
KANSAS CITY, Mo. (AP) — Abortion-rights advocates on Wednesday asked a judge to overturn Missouri’s near-total ban on the procedure, less than a month after voters backed an abortion-rights constitutional amendment.
Jackson County Circuit Judge Jerri Zhang did not immediately rule after Wednesday's hearing. Planned Parenthood and other plaintiffs had asked her to issue a temporary order blocking enforcement of Missouri’s numerous abortion laws.
“If left in place, the above-described restrictions will continue to be catastrophic for Missourians," lawyers for abortion-rights supporters wrote in a court brief. "They will either prevent care altogether or severely delay or interfere with care.”
Several anti-abortion protesters knelt on the ground as they prayed outside the courthouse during the hearing. They covered their mouths with a red piece of tape that read “life.”
According to Director of Litigation for the Freedom Center of Missouri Dave Roland, it isn't entirely surprising that a ruling was not made on Wednesday. Roland said under normal circumstances, a judge will typically take their time to come to a conclusion on a case to ensure they aren't overlooking any components of the case.
However, Roland said it is slightly unusual the judge did not due to the circumstances of the particular case.
"This case is being expedited because Amendment 3 that voters ratified in November becomes effective tomorrow (Dec. 5,)" Roland said. "The argument for the plaintiffs is that if the government is not enjoined from enforcing certain laws that impact the right to reproductive freedom, then people will be denied this new right that has been added to the Missouri Constitution. And that's why they felt like a quick decision was necessary."
Missouri is one-of-five states where voters approved ballot measures this year to add the right to an abortion to their state constitutions. Nevada voters also approved an amendment, but they’ll need to pass it again in 2026 for it to take effect. Another that bans discrimination on the basis of “pregnancy outcomes” prevailed in New York.
Reproductive rights advocates in Arizona on Tuesday sued to undo a 15-week abortion ban that conflicts with that state's new constitutional amendment expanding access up to fetal viability.
The Missouri amendment does not specifically override any state laws. Instead the measure leaves it to advocates to ask courts to knock down bans that they believe would now be unconstitutional.
Despite a ruling not coming out of Wednesday's hearing, Roland said it does not mean an abortion ban will go back into place in Missouri. Roland said the preliminary injunction request comes down to the plaintiffs asking the courts for guidance on which Missouri laws can still be enforced following the passage of Amendment 3.
The big question now, according to Roland is what consequences health care providers can face if they decide to proceed with performing an abortion.
"So, the plaintiffs are asking for clarity but that doesn't necessarily impact or doesn't necessarily prohibit you know, the people on the ground, the doctors, the patients making those decisions...from doing what they think is best and right," Roland said. "It's just that they are taking a somewhat calculated risk in doing so before a court provides clarity."
Missouri Attorney General Andrew Bailey, an abortion opponent, last week issued an opinion agreeing that most abortions will be legal when the amendment takes effect Thursday.
But Bailey’s office is still fighting for a ban on most abortions after viability, along with a number of regulations that Planned Parenthood argues made it nearly impossible to offer abortions in the state even before abortion was almost completely banned in 2022.
Missouri’s constitutional amendment allows lawmakers to restrict abortion after viability, with exceptions to “protect the life or physical or mental health of the pregnant person.”
The term “viability” is used by health care providers to describe whether a pregnancy is expected to continue developing normally or whether a fetus might survive outside the uterus. Though there’s no defined time frame, doctors say it is sometime after the 21st week of pregnancy.
Other abortion laws that Bailey is defending include a 72-hour waiting period before an abortion can be performed; bans on abortions based on race, sex or a possible Down syndrome diagnosis; and a requirement that medical facilities that provide abortions be licensed as ambulatory surgical centers.
The Attorney General's Office argued that Planned Parenthood has not proven it will be negatively impacted by those laws, noting that no abortions have been scheduled yet.
“Planned Parenthood concedes they have no appointments scheduled for right after the amendment goes into effect and have not even tried to obtain relevant licenses or create necessary complication plans," state attorneys wrote in a court brief.
It is unclear when Zhang will rule on the request for a preliminary injunction.
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Associated Press reporter Nick Ingram contributed to this report. Ballentine reported from Columbia, Missouri. Nia Hinson, of ABC 17 News, contributed to this version of the report on the ABC 17 News website.
