Missouri Abortion Ban Reinstated After State Supreme Court Overturns Lower Court Rulings

Abortion services have once again been banned in Missouri following a ruling by the state’s highest court, which overturned two lower court decisions that had temporarily blocked the state’s abortion ban.

The Missouri Supreme Court determined that a district judge had applied the wrong legal standard in rulings made in December and February, which had allowed abortion services to resume in the state.

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Since the 2022 reversal of Roe v. Wade, Missouri has enforced a near-total abortion ban.

In November 2022, voters narrowly passed a measure to protect the right to abortion up to approximately 24 weeks of pregnancy. This led Planned Parenthood to file a lawsuit challenging the state’s ban.

Last year, Judge Jerri Zhang ruled that the state’s abortion ban violated Missouri’s constitution, but imposed certain restrictions that kept abortion services limited. These included requirements for abortion clinics to be licensed by the state, patients to make in-person visits to obtain medication, and abortions to be performed only by licensed physicians.

In February, Zhang further ruled that the licensing requirements were discriminatory and allowed Planned Parenthood to resume providing abortion care. However, Tuesday’s decision by the Missouri Supreme Court directed Judge Zhang to revisit her previous rulings and reassess them under the court’s standards, effectively reinstating the abortion ban.

The American Civil Liberties Union of Missouri called the ruling a “temporary setback,” emphasizing that the court’s decision left the door open for Zhang to issue another injunction in the future.

Missouri Attorney General Andrew Bailey, a vocal proponent of the ban, hailed the Supreme Court’s decision. In a statement, Bailey argued that the ruling was a victory for “women and children” and reinforced the need for abortion providers to adhere to state laws on safety and sanitation.