Missouri Abortion Access Stalled Amid Legal Battle Over Old Laws

Missouri Abortion Access Stalled Amid Legal Battle Over Old Laws \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ Missouri’s new constitutional amendment ensuring abortion rights is stalled as legal battles over pre-existing restrictions continue. Planned Parenthood seeks to resume operations under the amendment, but outdated laws like the 72-hour waiting period remain in effect. The state’s attorney general defends these regulations, leaving patients in limbo and providers frustrated.

Missouri’s Abortion Rights Fight: Quick Looks

• Amendment Passed: Missouri voters approved abortion rights in November 2023, guaranteeing reproductive healthcare decisions.
• Old Laws Persist: Pre-existing regulations like waiting periods and facility requirements remain unresolved.
• Planned Parenthood’s Efforts: The organization is pushing for an injunction to halt enforcement of outdated laws.
• Attorney General’s Argument: Claims old laws align with public policy and offer women time to reconsider decisions.
• Court Delays: A judge has yet to decide whether these laws can be suspended under the new amendment.
• National Comparisons: Similar legal battles are ongoing in Arizona, Maryland, Montana, and Colorado.

Deep Look

The legal landscape for abortion rights in Missouri is at a crossroads as Planned Parenthood’s attempt to resume services faces delays under a tangled web of old regulations and judicial inaction. A constitutional amendment passed by voters in November 2023 was expected to enshrine the right to abortion and related reproductive healthcare decisions, but conflicting interpretations of existing laws have created a prolonged standoff.

Missouri’s Amendment and What It Means

The amendment, approved by nearly 52% of voters, guarantees the right to make personal decisions regarding reproductive health, including abortion, contraception, and in vitro fertilization. Its passage marked a significant shift in a state that had some of the strictest abortion laws in the nation following the overturning of Roe v. Wade.

The amendment is designed to prevent the state from imposing restrictions on abortion up to the point of viability. However, it does not explicitly repeal pre-existing abortion laws, leaving their enforceability up for debate.

Planned Parenthood had planned to reopen several clinics across Missouri immediately after the amendment took effect but has been unable to do so due to ongoing legal battles over these outdated regulations.

Old Laws Block Access

Missouri’s stringent abortion laws, many passed long before Roe was overturned, remain a significant obstacle for abortion providers. These include:

• A 72-hour waiting period before an abortion can be performed.
• A ban on abortions based on race, sex, or potential Down syndrome diagnosis.
• A requirement for abortion providers to meet the standards of ambulatory surgical centers.

These laws were originally designed to restrict access, leaving Missouri with only one operational abortion clinic, in St. Louis, even before the near-total abortion ban enacted after the fall of Roe.

Planned Parenthood argues that these restrictions are now unconstitutional under the new amendment, which enshrines abortion rights. “Every day these laws remain in place, Missourians’ constitutional rights are being violated,” said Emily Wales, president and CEO of Planned Parenthood Great Plains.

Attorney General Defends Restrictions

Missouri Attorney General Andrew Bailey, a Republican, has conceded that most abortions are now legal following the amendment’s passage. However, his office is fighting to maintain certain pre-existing laws, arguing they align with public policy and protect women’s decision-making processes.

“Many of these laws are designed to ensure women have the time and information needed to make informed choices,” said Missouri Solicitor General Josh Divine. “We know that most women, when given time, choose childbirth.”

Bailey has resisted Planned Parenthood’s push to suspend the laws, maintaining that the state still has a vested interest in regulating abortions in line with the public’s values.

Court Delays Compound Uncertainty

The legal dispute is now before Jackson County Circuit Judge Jerri Zhang, who has not yet ruled on Planned Parenthood’s request for a preliminary injunction to halt enforcement of the old laws. Without a court decision, clinics remain unable to offer abortion services under the protections granted by the amendment.

Wales expressed frustration over the delay. “We’ve had patients calling for weeks asking if they can access care close to home,” she said. “We are still telling them no because these unnecessary restrictions remain in place.”

Missouri in a National Context

Missouri is one of five states that approved abortion-related constitutional amendments in 2023, reflecting a broader trend of reproductive rights activism in the wake of Roe v. Wade.

• Arizona: Activists are challenging a 15-week abortion ban, which conflicts with voters’ approval of broader abortion rights.
• Maryland: A similar amendment has had little immediate impact, as the state already permitted abortion access.
• Montana: Abortion remains legal up to viability, but legal battles over restrictions continue.
• Colorado: The state enshrined abortion rights and overturned a previous amendment barring public funding for abortions.

Each of these states faces challenges in reconciling new constitutional protections with pre-existing laws, making Missouri’s legal battle part of a broader national debate.

The Future of Abortion Access in Missouri

As Missouri’s legal fight drags on, both sides of the debate remain deeply entrenched. For Planned Parenthood and other abortion-rights advocates, the focus is on ensuring immediate access to care and dismantling outdated regulations they argue conflict with the new constitutional protections.

For the state’s Republican leaders, maintaining some restrictions is seen as essential to preserving what they view as public policy priorities, even in the face of shifting voter sentiment.

The outcome of Missouri’s court battle will not only determine the state’s abortion landscape but could also set a precedent for how constitutional amendments interact with pre-existing laws in other states facing similar challenges.

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