KANSAS CITY, Mo. — Abortions in Missouri will become illegal in all but the rarest of circumstances, under a draft U.S. Supreme Court opinion striking down Roe v. Wade, the landmark decision that legalized the procedure nationwide.
Missouri passed a law in 2019 that makes abortion almost entirely illegal if Roe is overturned, part of a measure prohibiting abortion after eight weeks of pregnancy that's currently under legal challenge.
In Kansas, the draft raises the stakes in an upcoming fight at the ballot box over abortion access. Voters will decide on Aug. 2 whether the state constitution protects the right to an abortion.
The explosive leak of the Supreme Court's draft opinion — authored by Justice Samuel Alito — sent shockwaves across the country when Politico reported its contents on Monday night. The draft, which could change before the court publishes its opinion in June, nevertheless appears to show a majority of justices support returning the matter of abortion to the states.
The consequences in Missouri, where a single clinic in St. Louis performs abortion, would be swift. A Missouri law, under legal challenge, bans abortion in all cases except to save the life of the mother if Roe is struck down. It contains no exceptions for rape or incest.
The ban would go into effect upon proclamation by either Parson, an opinion from Attorney General Eric Schmitt, or passage of a resolution by the General Assembly. Parson and Schmitt — both Republicans — would almost certainly issue the documents immediately.
"The issue of abortion should ALWAYS have been an issue decided by the various state legislatures, and I'm proud to say that Missouri with this ruling would immediately become one of the most pro-life states in the nation," Missouri state Rep. Brian Seitz, a Branson Republican, said on Twitter.
Abortion would remain legal in Kansas, where two clinics — one in Wichita and another in Overland Park — provide the procedure. The Kansas Supreme Court in 2019 found a right to an abortion in the state constitution, a decision that if upheld ensure it remains legal in the state and restrict the ability of anti-abortion lawmakers to restrict it.
But the Legislature has placed an amendment on the Aug. 2 ballot that would give lawmakers power over abortion — effectively overturning the state Supreme Court decision.
The amendment does not itself ban abortion, but opponents have warned that it would clear the way for the Legislature to do so. Amendment proponents insist the measure is about maintaining current regulations of abortion, but some Republican legislators have openly called for a ban.
The draft opinion's release likely marks the early start of what is expected to be an intense summer campaign on both sides.
"Register your kids to vote. Now is the time to teach our children the power that they have, which is at the ballot box," Kansas state Rep. Stephanie Clayton, an Overland Park Democrat, tweeted.
In Missouri, the draft opinion quickly turned the focus of the U.S. Senate race toward abortion. Democratic candidates Lucas Kunce and Trudy Busch Valentine called on Congress to pass federal protections for abortion access.
"If they won't, we need to replace them," Kunce said in a statement.
Busch Valentine, tweeting that she remembered when the Roe decision was issued, said it's "heartbreaking that the Supreme Court is now on the brink of repealing it."
The House has already passed a measure that would codify Roe, but the legislation appears unlikely to pass the Senate.
Rep. Billy Long, a Republican candidate, said he hopes the opinion doesn't change.
"I am optimistic that these reports are true, and that the Supreme Court will do the right thing, finally overturning this travesty of a decision, Long said. "I have always stood up for the right to life, and will continue to do so."
Both Sen. Josh Hawley and Rep. Vicky Hartzler expressed concern that the draft opinion was leaked in an attempt to rally the left. Hawley said it was another "assault on the Supreme Court" while Hartzler said the court shouldn't be intimidated by the "woke left."
"I pray and remain hopeful the Supreme Court stays true to this potential decision," Hartzler said. "But this unprecedented, intentional leak is malicious and threatens the independence of our highest court."
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(The Star's Kacen Bayless and Katie Bernard contributed reporting.)
