KANSAS CITY, Mo. — A recent judicial ruling has rendered Missouri’s near-total abortion prohibition unenforceable, following the enactment of a new constitutional amendment that legalized abortion in the state. On Friday, Jackson County Circuit Court Judge Jerri Zhang blocked the stringent abortion law, temporarily lifting restrictions until further court deliberations determine the law’s constitutionality.
Missouri joins four other states that added abortion rights to their state constitutions through 2024 ballot initiatives. The amendment in Missouri, while not directly annulling existing laws, provides a framework for challenging abortion bans in court that are deemed unconstitutional under the new amendment.
Judge Zhang’s temporary order indicates a potential judicial leaning towards ruling the ban unconstitutional, pending a full review of the ongoing lawsuit filed by abortion-rights advocates. Their legal argument centers on the contradiction between the strict abortion law and the newly ratified constitutional rights.
The responses from key stakeholders, including Planned Parenthood, the ACLU of Missouri, and Missouri Attorney General Andrew Bailey, were not immediately available. Bailey, known for his anti-abortion stance, previously conceded that most abortions would become legal once the amendment took effect, highlighting a significant shift in the state’s legal stance on the issue.
Despite this shift, Bailey’s office continues to advocate for restrictive measures on abortions post-viability and other stringent regulations that, according to Planned Parenthood, have severely hampered abortion access in Missouri even prior to the 2022 near-total ban.
The state’s amendment allows legislative restrictions post-viability, defined as the stage where a fetus might survive outside the uterus, typically after the 21st week of pregnancy, but includes exceptions to safeguard the life or health of the pregnant individual.
Further contested regulations include a mandatory 72-hour waiting period before an abortion, prohibitions on abortions based on race, gender, or potential Down syndrome diagnosis, and the requirement for abortion-providing facilities to be licensed as ambulatory surgical centers.
These ongoing legal battles underscore the complex interplay between state-imposed regulations and constitutionally protected rights, with Missouri’s judicial system at a critical juncture in interpreting and applying these new constitutional provisions.
As the legal proceedings continue, the implications of this ruling may extend beyond Missouri, influencing abortion legislation and rights discourse across the United States.
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