A Jackson County judge granted a preliminary injunction on Friday striking down Missouri’s near-total abortion ban and several other abortion restrictions, but upheld licensing requirements, leaving abortion services in limbo.
Even though Missourians passed a constitutional amendment on Nov. 5 enshrining the right to abortion up until fetal viability, the ban is still on the books along with several other regulations on the procedure and providers.
In a lawsuit filed shortly after Amendment 3 passed, Planned Parenthood asked the Jackson County Circuit Court to block these “targeted regulation of abortion providers,” or TRAP laws, in time for the amendment to go into effect Dec. 6.
Lawyers representing Attorney General Andrew Bailey’s office argued that the request for this injunction was unprecedented and that other restrictions should be kept in place to protect the right to childbirth. Attorneys representing Planned Parenthood argued these laws discriminate against and limit abortion services and are thus invalid under the amendment.
Amendment 3 won approval in November with 51.6% of nearly 3 million votes cast.
In Friday's ruling, Jackson County Circuit Judge Jerri Zhang temporarily blocked several of the TRAP laws, including the requirement that patients wait 72 hours between initial consultation and the procedure and the near-total abortion ban.
“The Court finds the plain language of (the ban) is directly at odds with Amendment 3,” Zhang said in the ruling. “The statute is therefore presumptively invalid.”
Zhang added that “as plaintiffs argue, they and their patients are suffering serious harm, whereas defendants only stand to lose the ability temporarily to enforce some laws that are likely to be held unconstitutional and which further no valid compelling state interest.”
This means that, at least for now, some of the state’s strictest abortion regulations are unenforceable.
But Zhang, a 2021 appointee of Republican Gov. Mike Parson, did agree with state attorneys on some abortion laws Planned Parenthood sought to block. She declined to block facility licensing requirements, a requirement that the same physician who initially sees a patient also be the one to perform the procedure and a requirement that only physicians, not physicians assistants or advanced practice registered nurses, perform abortions.
She also upheld a requirement that patients must see a doctor for an in-person appointment to confirm gestational age before prescribing pills used in medication abortions.
In a statement following the decision, Planned Parenthood leaders celebrated the decision to block several restrictions but said “the practical effect of the decision is that no health center in the state can restart abortion services.” That’s because none have an abortion license and leaders doubted the ability to get a license under current requirements.
“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,” said Emily Wales, president and CEO of Comprehensive Health of Planned Parenthood Great Plains. “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.
Planned Parenthood leaders had previously hoped to provide abortions in Kansas City, Columbia and St. Louis the following day after an injunction. Planned Parenthood plans to review legal options before proceeding.
Zhang denied the state’s motion to dismiss the case.
Coalition Life, an anti-abortion group that urged the judge to withhold an injunction last month during a series of simultaneous press conferences, lamented the judge’s decision to block other laws, rather than dismiss the case, but celebrated the decision to retain the licensing requirements for abortion facilities.
“Coalition Life will closely monitor the licensing process of any facility in Missouri that seeks to offer abortions and we remain steadfast in our mission to provide resources, education, and support to women facing unexpected pregnancies,” said Brian Westbrook, executive director of Coalition Life.
In the ruling, Zhang said the parties are to meet at a date and time to be determined to conference on the next steps in the lawsuit. Following the injunction hearing earlier this month, attorneys for Bailey's office said they plan to appeal any unfavorable decisions.
In addition to blocking the state’s trigger ban on abortions, which went into effect in June 2022 after the Supreme Court overturned Roe v. Wade, and the 72-hour waiting period, Zhang blocked several additional abortion regulations, including:
- A requirement that abortion clinics be located within 30 miles of a hospital where the clinic’s doctors have admitting privileges
- Missouri’s medication abortion complication plan requirement
- A requirement that all tissue removed during an abortion be submitted to a pathologist
- A ban on the delivery of medication abortion by telemedicine
- Abortion-specific informed consent laws
- And abortion-specific informed consent laws
In blocking the abortion-specific informed consent laws, Zhang said “general laws of informed consent for any medical treatment and procedure are sufficient.”
“Today’s decision to block Missouri’s total abortion ban and several of the medically unnecessary restrictions is the first step to realizing the promise of Missourians’ new constitutional right to reproductive freedom,” said Gillian Wilcox, director of litigation at the ACLU of Missouri. “While the decision will not allow for plaintiffs to immediately open their doors to provide care because of restrictions that have not yet been enjoined, hospitals and health care providers across the state will be able to provide more care today than they could yesterday without the fear of criminal prosecution.”
In the lawsuit, Planned Parenthood is arguing that TRAP laws create “onerous and medically unnecessary” restrictions that limit access to these services in Missouri.
Planned Parenthood attorney Eleanor Spotwood said during the hearing that the standard established by Amendment 3 is very clear: Any law that restricts abortion should be presumed invalid.
But Solicitor General Josh Divine argued in court that Planned Parenthood omitted a key part of the amendment when considering many other statutes.
Divine asserted during the hearing that, in addition to the right to an abortion, Amendment 3 also contains a right to childbirth, because it lists childbirth as a reproductive health issue that the government cannot infringe upon.
Missouri Stands with Women, a group that led the charge against the amendment, called Zhang's preliminary injunction a “dangerous decision” that “puts women who have abortions in danger,” despite the remaining restrictions.
“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,” said Stephanie Bell, a spokeswoman for Missouri Stands with Women.
