Missouri Supreme Court leaves abortion ban in place, for now

(OSV News) -- The Missouri Supreme Court on May 27 overturned a pair of lower court rulings that had blocked the state's abortion restrictions, effectively leaving its ban in place -- for now.

Missouri's ban on most abortions, which went into effect after the U.S. Supreme Court issued its ruling in Dobbs vs. Jackson Women's Health Organization in June 2022, was rejected by the state's voters in November.

Circuit Court Judge Jerri Zhang in Kansas City issued injunctions against the ban after that election, one in December and another in February.

The state's high court issued a procedural order to Zhang to vacate those injunctions against the abortion ban, finding the judge had applied the wrong standards in doing so. The order will, in effect, again ban abortion in the state. However, the ruling directed Zhang to reevaluate the injunctions, leaving room for them to be reissued.

Deacon Samuel Lee, director at Campaign Life Missouri, a pro-life lobbying group, told OSV News that the ruling "is procedural, but it's substantive too."

Future injunctions, he said, will now have a "different standard of review," requiring Planned Parenthood to make "different arguments" should they seek new injunctions.

"So we're sort of at a stage where Planned Parenthood is not doing any abortions in Missouri," said Deacon Lee, who serves the St. Louis Archdiocese, but spoke in his capacity as Campaign Life Missouri's director.

Missouri Attorney General Andrew Bailey celebrated the state Supreme Court's findings in a statement, arguing it was "a win for women and children and sends a clear message – abortion providers must comply with state law regarding basic safety and sanitation requirements."

Deacon Lee pointed to arguments by Bailey that the ballot initiative in which voters rejected an abortion ban did not remove some other laws adopted by the state, such as requiring abortions to be performed by licensed physicians with specific medical credentials and requiring such facilities to maintain the same cleanliness standards as surgical centers. Bailey's office said the removal of those injunctions will allow the state to enforce those laws.

Deacon Lee said Bailey sought "to defend the health and safety of women who, if they're going to get abortions, that they need to be done safely."

Planned Parenthood Great Plains, an affiliate of the nation's largest abortion provider, halted abortions in Missouri as a result of the order, Emily Wales, its president and CEO, told The Associated Press.

"We have had to call patients in Missouri previously and say you were scheduled for care, your appointment is now canceled because of political interference, new restrictions, licensure overreach by the state," Wales said. "To be in that position again, after the people of Missouri voted to ensure abortion access, is frustrating."

Bailey added, "The law is clear. The evidence is overwhelming. And Missouri will enforce every word of it."

"This ruling is a win for common sense, for basic medical safety, and for the sanctity of human life," he said. "We will continue to hold Planned Parenthood accountable, and we will always fight to protect women, children, and the rule of law."

Planned Parenthood is expected to file a challenge to the state high court's order.

Jamie Morris, executive director and general counsel for the Missouri Catholic Conference, told OSV News, "We are happy that Missouri's pro-life laws will, for the time being, remain in effect."

The Catholic Church teaches that all human life is sacred from conception to natural death, and as such, opposes direct abortion. After the Dobbs decision, church officials in the U.S. have reiterated the church's concern for both mother and child and called to strengthen available support for those living in poverty or other causes that can push women toward having an abortion.

"These laws include common sense health and safety regulations, including basic cleanliness standards for abortion clinics," Morris said. "While we know that another injunction may ultimately be issued, we are thankful that Missouri women will be protected from an unregulated abortion industry in the immediate term."