An amendment to Missouri’s constitution protecting the right to abortion took effect late on Thursday, two years after the state banned the procedure – but abortions have not yet resumed in the state.
The day after Missouri voters supported the measure to amend the constitution, Planned Parenthood affiliates in the state filed a lawsuit asking the court to strike down the state’s near-total abortion ban as well as a raft of other restrictions that, Planned Parenthood said, make it impossible to perform the procedure. In a hearing on Wednesday, the groups asked the Jackson county circuit judge Jerri Zhang to quickly issue an order to freeze the restrictions and allow abortions in the state to resume on Friday.
However, the judge has not acted, and Missouri abortion providers remain in legal limbo, caught between contradictory provisions in the state’s constitution and its statutes. Under the new amendment 3, Missouri residents possess a “fundamental right to reproductive freedom”, including access to abortions until fetal viability.
“I think it’s a simple case. I don’t think we are asking for something particularly extraordinary,” said Emily Wales, president of Planned Parenthood Great Plains in Missouri. “We have Missouri providers who travel to Kansas currently to provide care. It’s absolutely their hope to provide abortion services in their home state. So as soon as we get notice, we will rearrange our plans to ensure that Missourians have access to care.”
Even before the US supreme court overturned Roe v Wade in 2022, paving the way for Missouri to ban abortion outright, abortions in Missouri had dwindled dramatically. One Planned Parenthood affiliate had stopped offering the procedure altogether, while the other could only do so at a single clinic, according to Planned Parenthood’s lawsuit. This decline was due, the lawsuit alleges, to a series of “impenetrable, onerous and medically unnecessary restrictions” that are still technically in place – such as requiring medication abortion patients to undergo a vaginal exam or mandating that abortion patients visit a clinic for counseling, wait 72 hours and then return for the procedure.
Without a favorable court order from Zhang, Wales said: “There will be too many restrictions on the books that we just can’t actually comply with.”
Andrew Bailey, Missouri attorney general, has said that amendment 3 means its near-total abortion ban is unenforceable. However, other restrictions can remain in place, including the requirement of a “72-hour reflection period”, Bailey argued in a recent court filing. Removing those requirements would infringe on women’s right to choose childbirth, he said, which is also included in amendment 3’s guarantee of “reproductive freedom”.
“Regulations that ensure individuals have adequate time to choose between options – and will not be racked by regret – do not ‘delay’ rights under amendment 3; those regulations foster those decisions,” he wrote.
Bailey argued that, rather than issuing a court order that would impact numerous abortion restrictions, Zhang should instead let these restrictions’ futures be decided over the course of litigation.
With amendment 3’s impact in question, Missouri state legislators this week proposed a number of potential new restrictions. Lawmakers pre-filed at least 11 anti-abortion bills, according to a tally by the Kansas City Star. The state legislature may take up these bills when it reconvenes in January 2025. Republicans will control the state house, senate and governor’s mansion.
One pre-filed bill would once again ask Missouri voters to amend the state constitution – this time to outlaw all abortions except in medical emergencies or in cases of rape. Another would endow embryos and fetuses with full rights and protections – a measure that, if enacted, would grant them a status known as “fetal personhood” and in effect ban all abortion.
Yet another would ask voters to amend the Missouri constitution to, in the future, make it more difficult to pass ballot measures. Under that proposal, ballot measures would have to win both a simple majority of voters and win a majority of voters in more than half of the state’s congressional districts. (Right now, Missouri ballot measures must only win most voters in the state.)
Mallory Schwarz, executive director of Abortion Action Missouri, remains committed to fighting these new efforts.
“I think these attacks are only going to further enrage voters who just made a very clear decision,” Schwarz said.
