Judge blocks Missouri abortion ban after ballot measure's passage

A state circuit court judge blocked some parts of Missouri’s near-total abortion ban after an abortion ballot measure’s passage in November. But the ruling preserved other restrictions, including that abortion facilities have to be licensed by the state.

In his Friday preliminary injunction, Jackson County Circuit Court Judge Jerri Zhang wrote that the state’s abortion ban is “directly at odds” with Amendment 3, which voters approved last month, and the statute is “therefore presumptively invalid.”

Zhang’s ruling shot down the state’s attempt to dismiss the case that was brought by Planned Parenthood. He also dismissed restrictions such as the requirement for doctors to be there in person when a patient is taking abortion medication, the 72-hour wait period between the patient checking in with the doctor and getting an abortion procedure and other criminal penalties.

“Further, because ‘being subject to an unconstitutional statute, "for even minimal periods of time, unquestionably constitutes irreparable injury,"' the threat of irreparable harm exists here,” the judge wrote in the 22-page ruling.

Despite striking numerous state restrictions around abortion, Zhang did preserve some of those sought by the state, including that abortion facilities need to be licensed by the state of Missouri, that a patient needs an in-person visit for abortion medication and that only physicians can perform abortion procedures in Missouri.

“As they pertain to abortion facilities, the Court finds there may be a compelling governmental interest in licensing abortion facilities in this manner, and at the preliminary injunction phase, Plaintiffs have not shown the probability of success on the merits under Gabbert,” the judge wrote.

The Show-Me State was one of the first states to impose a near-abortion ban following the overturn of Roe v. Wade in 2022. Despite passing in November, Amendment 3 does not repeal the current law, but advocates can challenge the restrictions, arguing they are not in-line with the ballot measure.

The Hill has reached out to Attorney General Andrew Bailey’s (R) office for comment.

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