Following a judge’s decision, abortions will recommence in Missouri. This comes despite restrictive regulations that remained in place even after voters approved a constitutional amendment protecting abortion rights.
A Kansas City judge’s ruling last year declared abortion legal in Missouri; however, certain regulations remained in effect pending a lawsuit.
This meant abortion providers needed licenses from the Missouri Department of Health and Senior Services. Planned Parenthood challenged these licensing requirements, claiming they imposed “medically unnecessary and invasive” pelvic exams, including for medication abortions, and included excessive facility size stipulations.
The plaintiffs argued that the regulations were so stringent that most healthcare facilities couldn’t comply.
In her ruling, Jackson County Circuit Judge Jerri Zhang stated that the licensing requirement was inherently discriminatory, failing to treat abortion facilities equally to other healthcare providers offering similar services, such as miscarriage care.
In November, voters passed a constitutional amendment to protect abortion rights. While this didn’t automatically legalize abortion, it necessitated a judicial review of near-total abortion bans.
Planned Parenthood and other advocates immediately filed suit to overturn Missouri’s near-total abortion ban following the constitutional amendment. Attorney General Andrew Bailey is opposing the lawsuit.
The attorney general’s office hasn’t yet responded to a request for comment.
Margot Riphagen, president and CEO of Planned Parenthood Great Rivers, stated that the organization is preparing to resume abortion services in the coming days.
“Today’s decision confirms what we’ve always known — the state’s abortion facility licensing requirements were politically motivated obstacles preventing patients from accessing necessary care,” she said.
Missouri is one of five states where voters approved ballot measures in 2024 to constitutionally protect abortion rights. Nevada voters also approved a similar amendment, but it requires a second approval in 2026 to take effect.
Friday’s ruling is temporary, pending the final outcome of the lawsuit.
Mallory Schwarz, executive director of Abortion Action Missouri, announced that clinics are poised to resume abortions as early as next week.
“This ruling transforms access to abortion care for Missourians and the entire Midwest,” she said.
Missouri’s constitutional amendment allows legislative restrictions on abortions after viability, except to protect the pregnant person’s life or physical or mental health.
“Viability” in healthcare refers to a fetus’s ability to survive outside the womb. While there’s no set timeframe, it’s generally considered to be after 21 weeks of pregnancy.
Missouri was among the first states to enact a near-total abortion ban following the U.S. Supreme Court’s June 2022 decision overturning Roe v. Wade.
—Golden reported from Seattle.
