Missouri Supreme Court refuses to rule in abortion case, sends back to lower court

The Missouri Supreme Court has declined to rule on a request from Attorney General Andrew Bailey to reinstate pro-life safety laws as a legal case proceeds, sending the case to a lower court.

Key Takeaways:

• The Missouri Supreme Court has declined to rule on Attorney General Andrew Bailey’s request that it reinstate pro-life safety laws while a legal case moves forward.

• In November, Missouri passed Amendment 3, making abortion a state right, but certain safety laws remained in place for abortion facilities, preventing abortions from being committed.

• At the center of the case are these laws, which include a requirement that abortion businesses maintain certain licensing requirements.

• After a judge temporarily blocked the laws, Bailey appealed to the state Supreme Court, which declined to rule and sent the appeal to a lower court.

The Backstory:

In November, Missouri voters passed Amendment 3, making abortion a right in the state. It took effect on December 5, but abortions did not resume because of safety regulations, which remained in place. Labeled by abortion activists as “TRAP” laws (targeted regulation of abortion providers), the safety regulations include a 72-hour waiting period between meeting the abortionist and undergoing the abortion, a requirement that abortionists have admitting privileges at a local hospital, an informed consent requirement including a sonogram, and a requirement that abortion businesses be licensed as ambulatory surgical centers.

In December, Jackson County Judge Jerri Zhang blocked several of these laws but upheld others, including 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.

In February, Zhang ultimately blocked all of the safety requirements, allowing abortions to resume. On July 3, as the injunction was set to expire, she reissued it, and Bailey appealed that decision to the state Supreme Court, arguing that the Jackson County Circuit Court abused its discretion in granting the injunction.

What’s Happening:

On Tuesday, the state Supreme Court ruled on that appeal, saying the Jackson County Circuit Court has only entered a preliminary ruling that is subject to change, and it has not ruled on the constitutionality of the laws in question; therefore, the state Supreme Court does not have jurisdiction. It declined to rule and sent the case to the Missouri Court of Appeals, Western District.

Bailey called the ruling “disappointing but not surprising.” He wrote on X, “From the outset, this has been lawfare. An underhanded effort by a Jackson County Prosecutor, backed by the pro-abortion movement, to undermine Missouri’s duly enacted laws. This case goes beyond one county or one courtroom; it’s about the values of the entire state. This fight is bigger than one case; it’s about the safety of women, the lives of children, and Missouri values. We will not back down.”

The Bottom Line:

The abortion industry is known for demanding that abortion be treated as just another facet of health care, while refusing to adhere to the same safety standards that legitimate medical clinics are held to.

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