Jackson County judge hears opening arguments and testimony in Trial on Missouri abortion access

KANSAS CITY, Mo. (KMIZ)

Planned Parenthood Great Plains and Great Rivers returned to the courthouse against the state on Monday to reinstate abortion in Missouri.

Planned Parenthood started opening statements and argued that the current state regulations were unreasonable and difficult to achieve, and unique to Missouri abortion clinics only. They also claimed that the moment clinics adjusted and met compliance, the Missouri General Assembly would pass another regulation, leaving abortion treatments inaccessible.

"They were designed to be complicated," Ella Spottswood said, representing Planned Parenthood Great Plains and Great Rivers. "They are not seeking unregulated abortions, they are seeking abortion that is treated like health care."

Planned Parenthood also announced their list of witnesses, including several doctors who work with Planned Parenthood or in obstetrics and gynecology.

The state argued that state laws are in place for the physical and mental health and safety of patients. This includes requirements for in-person meetings with physicians, an informed consent packet that's given to patients and licensing requirements for clinics.

"Plaintiffs [Planned Parenthood] seek to eliminate these common-sense requirements," Alexandria Overcash said, representing the state, "plaintiffs will tear down all the laws."

Testimonies were given by Margaret Baum, the Chief Medical Officer of Planned Parenthood Great Rivers and Emily Wales, the President and CEO of Planned Parenthood Great Plains.

Baum detailed around a dozen state rules that she claimed "affected both myself and my patients."

These rules included:

• Patients to meet with the same clinic physician in two in-person visits at least 72 hours apart
• Patients be given a pelvic exam and ultrasound 72 hours before a medical or procedural abortion
• Patients to be provided a primary physician and a backup physician who is available 24 hours a day.
• Ultrasounds to be given by a physician or ultrasound technologist
• Clinics to have hallways and doorways six feet wide in the event of an emergency patient transport
• Abortion providers to have admitting privileges with a hospital within 15 minutes of the clinic or a transfer agreement with another hospital if over 30 minutes away

Baum claimed that several rules on licensing and requiring a physician to give care are difficult with most clinics being staffed by advanced practice clinicians instead of physicians. APCs were described as mid-level healthcare workers, including physician assistants, nurse practitioners and midwives. She added that APs are allowed to deliver babies, read ultrasounds and provide care following an abortion.

Baum also argued that getting a physician with admitting privileges is difficult, as they require proof of a residency program and proof of a certain number of surgeries. She added not all OBGYNs work in a clinical setting with patients to meet the surgery quota and that some hospitals require board certification for admitting privileges.

Baum also argued the additional rules for expanded hallways and doors were unreasonable, claiming staff have no difficulties transporting a patient in an emergency scenario with EMTs in pre-regulation buildings. She also pushed that EMTs routinely work in spaces like offices or homes that are not up to state regulations.

Baum added that several rules, including having multiple physicians, pelvic exams, clinic building requirements and clearance from the Department of Health and Human Services are not required for services like vasectomies, IUD insertions and miscarriage treatment.

Wales walked the court through the timeline of legislative moves by the general assembly since 2007. She claimed yearly legislative rule updates have caused clinics to repeatedly open and close, sometimes even over the span of 24 hours and cause confusion in patients.

"We had to thread a needle that was changing and had a great deal of components," Wales said

Voters approved access to abortion in November 2024 through Amendment 3. In December 2024, Jackson County Judge Jerri Zhang temporarily blocked enforcement of Missouri’s existing abortion restrictions, saying that state regulations on abortion centers were unfair and conflicted with what voters just passed. Abortions were set to resume in February 2025.

The Missouri General Assembly drew up joint resolutions to repeal Amendment 3 and add exceptions to the procedure, approving House Joint Resolution 73 in May 2025. HJR 73 would also add exceptions back to the bill text, only allowing abortions up to 12 weeks in cases of rape, incest and medical emergencies, and when there is a fetal anomaly.

After additional legal battles between the state and abortion rights groups on ballot wording, the resolution was put on the ballot for voters in 2026.

Also in May, the Missouri Supreme Court overruled Zhang, claiming she used the wrong legal standard in her injunction to block abortion restrictions. The ruling again closed access to abortions in the state.

Missouri's ban was blocked again by Zhang in July, with Zhang ruling that the state's regulation can cause irreparable harm and “is directly at odds with Amendment 3.”

The move reopened abortion access that same month.

According to Abortion Action Missouri, three clinics are currently providing procedural abortions in Kansas City, Columbia and St. Louis. Abortions are allowed up to 18 weeks.

Zhang will oversee Monday's trial. The trial is set to last two weeks in the Jackson County Courthouse.