Missouri judge offers split ruling on abortion laws, but abortions remain on pause

A Missouri judge ruled on Friday that the state’s law protecting preborn children from abortion is no longer enforceable and that several laws regulating abortion in the state are no longer valid in light of the passage of Amendment 3, which took effect December 6, and enshrined the “right” to abortion in the state’s constitution. However, abortion businesses say they cannot yet resume killing preborn children because of other laws that remain on the books.

In the ruling, Jackson County Judge Jerri Zhang blocked several ‘TRAP’ laws (“targeted regulation of abortion providers”), including a state law requiring a 72-hour waiting period before a woman can get an abortion, as well as a mandate that abortionists have admitting privileges at nearby hospitals. She also blocked an informed consent requirement, a requirement that the abortion pill be consumed in front of the prescribing abortionist, and a law requiring all fetal ’tissue’ removed from the uterus during an abortion be sent to a pathologist.

Zhang upheld several other laws, including a requirement that the preborn child’s gestational age be confirmed by an in-person appointment before receiving the abortion pill, a law stating that only physicians can commit abortions, and a law requiring that abortion facilities maintain certain licensing requirements and standards that apply to ambulatory surgical centers, such as certain size regulations in hallways and doorways. The licensing law also requires abortion facilities to have a written plan for medical emergencies and a transfer protocol in place with area hospitals.

READ: US Supreme Court to decide if states are allowed to defund Planned Parenthood

Planned Parenthood released a statement saying it had been prepared to begin resuming abortions immediately, but would be unable to do so due to the licensing laws Zhang kept in place.

“It is unacceptable that tomorrow, just like for the past two weeks, Missourians will have a constitutional right that cannot be realized in their home state,” Emily Wales, president and CEO of Comprehensive Health of Planned Parenthood Great Plains, said. “We’re relieved the court recognized and enjoined many oppressive laws on the books that serve no purpose except to put abortion out of reach. Unfortunately, a key tool weaponized by anti-abortion politicians — the licensure process — remains in effect, and we are unable to restore care.”

Coalition Life Executive Director Brian Westbrook praised Zhang’s decision to keep some of the Missouri laws in place.

“We are gratified that 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 protection of preborn children,” Westbrook said. “Coalition Life will closely monitor the licensing process of any facility in Missouri that seeks to offer abortions and we remain steadfast in our mission to provide resources, education, and support to women facing unexpected pregnancies.” 

Zhang’s injunction is only preliminary as the Planned Parenthood lawsuit plays out.

Tell President Trump, RFK, Jr., Elon, and Vivek:

Stop killing America’s future. Defund Planned Parenthood NOW!