A judge in Jackson County Circuit Court has ruled that Missouri's near-total abortion ban is unenforceable under a new constitutional amendment, paving the way for abortions to resume in the state. The judge stated that the ban is in direct conflict with a constitutional amendment that established a right to abortion following voter approval in the November election.
In addition to blocking the near-total abortion ban, the judge also prevented the state from enforcing other abortion restrictions, such as a 72-hour waiting period and an informed consent law requiring specific information to be provided to patients before an abortion.
Missouri was one of five states where voters approved ballot measures in the 2024 general election to add the right to an abortion to their state constitutions. The recent ruling is seen as a significant legal development in the ongoing debate over abortion rights in the state.
The injunction issued by the judge is preliminary but indicates a likelihood that the abortion restrictions will be deemed unconstitutional as the legal proceedings continue. The state had previously implemented a near-total abortion ban following a U.S. Supreme Court ruling that overturned the Roe v. Wade precedent.
While the exact timeline for the resumption of abortions in Missouri remains unclear, the recent ruling has generated mixed reactions from various stakeholders. Planned Parenthood, the ACLU of Missouri, and the state Attorney General have yet to comment on the ruling.
Despite the ruling, there are still contested abortion laws in Missouri that were not blocked by the judge, including regulations on licensing requirements for abortion facilities, restrictions on who can perform abortions, and in-person appointment mandates before abortions.
Missouri's constitutional amendment allows for restrictions on abortion after viability, with exceptions to protect the life or health of the pregnant individual. The term 'viability' refers to the stage at which a pregnancy is expected to continue normally or when a fetus could survive outside the uterus, typically after the 21st week of pregnancy.
Overall, the recent ruling marks a significant legal development in the ongoing debate over abortion rights in Missouri and highlights the complexities surrounding the issue at both the state and national levels.
