A Jackson County judge has ruled that Missouri's near total ban on abortions in the state is unenforceable, but upheld licensing requirements, leaving abortion services in limbo.
Even though Missourians passed a constitutional amendment on Nov. 5 enshrining the right to abortion up until fetal viability, the ban has remained on the books along with several other regulations on the procedure and providers.
In a ruling issued late Friday afternoon, Jackson County Circuit Judge Jerri Zhang temporarily blocked some of those regulations including the requirement that patients wait 72 hours between initial consultation and the procedure and the near-total abortion ban.
In a statement following the decision, Planned Parenthood leaders announced their clinics would not able to resume abortion procedures in Missouri because of remaining restrictions Zhang left in place, including a clinic licensing requirement.
"The practical effect of the decision is that no health center in the state can restart abortion services because none has an abortion license, or can get one under the state’s draconian requirements," read a statement from Planned Parenthood leaders and the American Civil Liberties Union.
“While we are pleased the court blocked most of the abortion bans and restrictions in the lawsuit, we are disappointed that today’s decision continues to allow the State of Missouri to deprive Missourians of their constitutionally protected right to abortion,” said Richard Muniz, interim President and CEO of Planned Parenthood Great Rivers in a statement.
Planned Parenthood leaders had previously hoped to provide abortions at St. Louis' Central West End clinic as well as facilities in Kansas City and Columbia the day after an injunction.
Invalidating the ban
In a lawsuit filed shortly after Amendment 3 passed, Planned Parenthood asked the Jackson County Circuit Court to block these “targeted regulation of abortion providers,” or TRAP laws, in time for the amendment to go into effect Dec. 6.
Lawyers representing Attorney General Andrew Bailey’s office argued that the request for this injunction was unprecedented and that other restrictions should be kept in place to protect the right to childbirth. Attorneys representing Planned Parenthood argued these laws discriminate against and limit abortion services and are thus invalid under the amendment.
Amendment 3 won approval in November with 51.7% of nearly 3 million votes cast.
In a ruling issued late Friday, Jackson County Circuit Judge Jerri Zhang temporarily blocked several of these TRAP laws, including the requirement that patients wait 72 hours between initial consultation and the procedure and the near-total abortion ban.
“The Court finds the plain language of (the ban) is directly at odds with Amendment 3,” Zhang said in the ruling. “The statute is therefore presumptively invalid.”
This means that, at least for now, some of the state’s strictest abortion regulations are unenforceable.
Regulations allowed to remain in place, others blocked
Zhang, a 2021 appointee of Republican Gov. Mike Parson, did agree with state attorneys on some abortion laws Planned Parenthood sought to block. She declined to block facility licensing requirements, a requirement that the same physician who initially sees a patient also be the one to perform the procedure, and a requirement that only physicians, not physicians assistants or advanced practice registered nurses, perform abortions.
She also upheld a requirement that patients must see a doctor for an in-person appointment to confirm gestational age before prescribing pills used in medication abortions
Zhang denied the state’s motion to dismiss the case.
In the ruling, Zhang said the parties are to meet at a date and time to be determined to conference on the next steps in the lawsuit. Following the injunction hearing earlier this month, attorneys for Bailey's office said they plan to appeal any unfavorable decisions.
In addition to blocking the state’s trigger ban on abortions, which went into effect in June 2022 after the Supreme Court overturned Roe v. Wade, and the 72-hour waiting period, Zhang blocked several additional abortion regulations, including:
- A requirement that abortion clinics be located within 30 miles of a hospital where the clinic’s doctors have admitting privileges
- Missouri’s medication abortion complication plan requirement
- A requirement that all tissue removed during an abortion be submitted to a pathologist
- A ban on the delivery of medication abortion by telemedicine
- And abortion-specific informed consent laws
In blocking the abortion-specific informed consent laws, Zhang said “general laws of informed consent for any medical treatment and procedure are sufficient.”
Procedures on hold
Zhang wrote in Friday’s order that she felt there was a “compelling governmental interest” in keeping rules such as facility design requirements in place. Those requirements pertained to the licensing facilities, not to the patients seeking care, she said.
But Comprehensive Health of Planned Parenthood Great Plains CEO Emily Wales said the licensing requirements “served no purpose.”
“Unfortunately, a key tool weaponized by anti-abortion politicians — the licensure process — remains in effect, and we are unable to restore care,” Wales said in a statement. “We stand ready to begin providing access to abortion in Missouri and will keep fighting to ensure Missourians' rights are fully realized as soon as possible.”
Planned Parenthood clinics in Missouri stopped providing almost all abortions even before the Supreme Court’s 2022 decision to overturn Roe v. Wade. Planned Parenthood officials have said that’s because of the regulations Republicans have enacted in the state.
“The vast majority of Planned Parenthood health centers cannot comply with the medically irrelevant size requirements for hallways, rooms, and doors” Planned Parenthood officials wrote.
They said they plan to fight the remaining requirements in court.
Representatives from groups that oppose abortion rights said they were happy Zhang left the licensing requirement in place.
“The court has rightly decided to retain licensing requirements for abortion facilities and doctors who perform abortions even while we mourn the loss of protections that are vital to the safety of women and the protections of preborn children,” said Brian Westbrook, the executive director of the St. Louis-based organization Coalition Life.
The group publicly supported other restrictions that Zhang struck down Friday, including a requirement that abortion patients wait 72 hours between a consultation and procedure, stating they are needed to keep people safe.
This story has been updated to clarify it's not certain when Planned Parenthood can begin providing abortions and updated with comments from the organization's leaders.
St. Louis Public Radio's Brian Heffernan contributed to this report.
