JEFFERSON CITY, Mo. — A state Senate committee on Tuesday advanced legislation to trigger Missouri’s near-total abortion ban if the U.S. Supreme Court overturns Roe v. Wade.
With little discussion, the Senate Rules, Joint Rules, Resolutions and Ethics Committee voted 4-2 to approve the measure, sponsored by Sen. Justin Brown, R-Rolla, sending it to the Senate floor with four days to go in the legislative session.
The effort is connected to a provision contained in Missouri’s 2019 anti-abortion law. That measure would outlaw all abortions, except in medical emergencies, if the high court strikes Roe v. Wade, the 1973 case establishing a constitutional right to an abortion.
The attorney general, governor or the Legislature could trigger the ban if the court issues such a decision. The Legislature would need to approve a resolution to trigger the ban, which lawmakers were weighing Tuesday.
Debate around the so-called “trigger law” reemerged after Politico published a leaked opinion last week showing a majority on the Supreme Court was poised to overturn Roe v. Wade.
The prohibition that would be triggered, Missouri’s Right to Life of an Unborn Child Act, states individuals who knowingly perform or induce an abortion in violation of the law would be guilty of a class B felony and would be subject to revocation of their professional licenses.
“A woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate” the law, it says.
During Tuesday’s hearing, Sen. Tony Luetkemeyer, R-Parkville, asked Sam Lee, director of Campaign Life Missouri, if it was too early to approve the resolution given that the Supreme Court hasn’t yet struck Roe v. Wade.
“If we pass the resolution before a final decision comes down from the U.S. Supreme Court, is there a possibility that we would have to re-pass this concurrent resolution after the opinion actually becomes final?” he asked.
“I don’t think that the revisor of statutes would require that,” Lee said. “This (trigger taking effect) is contingent upon Roe being overturned.”
He said if a court challenge says “this concurrent resolution was passed prematurely,” then “yes, they may need to” approve the resolution again.
But Lee said Attorney General Eric Schmitt and Gov. Mike Parson could also trigger the law without the Legislature.
Schmitt, a Republican running for U.S. Senate, has already said he would issue the opinion necessary to ban abortions if the Supreme Court overturns Roe v. Wade.
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