Planned Parenthood files lawsuit seeking to overturn abortion restrictions in Missouri

November 7, 2024 TruthUSA

The state’s abortion laws went into effect in 2022 following the reversal of Roe v. Wade.

Planned Parenthood has filed a lawsuit against Missouri, seeking to repeal abortion laws in the state after a ballot measure on the issue received voter support.

The lawsuit originates from the June 2022 U.S. Supreme Court decision that overturned Roe v. Wade, giving power back to the states. Consequently, Missouri’s near-total abortion ban took effect. A proposal, Amendment 3, was presented for a vote on Nov. 5 to revoke the state’s abortion ban. The amendment, approved by 52 percent of voters, stated that the government cannot interfere with citizens’ reproductive decisions, including contraception and abortion.

Planned Parenthood filed a lawsuit in the Circuit Court of Jackson County, Missouri on Nov. 6 to challenge the state’s abortion regulations. The lawsuit noted that the amendment would take effect on Dec. 5, preventing government intervention except under limited circumstances.

“Plaintiffs seek a declaration that Missouri’s laws and regulations banning and restricting abortion, as set forth herein, are unconstitutional,” it stated.

“Plaintiffs also seek preliminary and permanent injunctive relief preventing Defendants from enforcing these laws and regulations so that they may once more provide abortion in the state.”

The challenged abortion rules in the case include:

A requirement for abortion facilities, excluding hospitals, to be licensed as ambulatory surgical centers.
A rule mandating that physicians performing abortions have clinical privileges at a nearby hospital offering obstetrical or gynecological care.
Submission of removed tissue for examination within five days of abortion.
Completion of an abortion report by physicians for each case.
Provision of state-mandated information to patients before an abortion procedure, including details about the unborn child and fetal ultrasound.
Mandatory medical visit to a health center 72 hours before an abortion.
Administration of abortion medications only in the physician’s physical presence, effectively banning telemedicine, according to the plaintiffs.

The lawsuit was filed by Comprehensive Health of Planned Parenthood Great Plains and Planned Parenthood Great Rivers-Missouri.

The lawsuit named the State of Missouri and several officials, including the governor, state attorney general, and Missouri’s director of the Department of Health and Senior Services.

Abortion in the US

Following the Supreme Court’s ruling on Roe v. Wade, Missouri Gov. Mike Parson signed a proclamation in June 2022 activating the state’s Right to Life of the Unborn Child Act. The Act, included in HB 126 signed in 2019, was dependent on the U.S. Supreme Court overturning Roe v. Wade.

The measure prohibited doctors from performing abortions except in cases of medical emergency and imposed criminal liability on those conducting illegal abortions.

“Nothing in the text, history, or tradition of the United States Constitution gave un-elected federal judges authority to regulate abortion,” the governor stated. “We are pleased that the U.S. Supreme Court has rectified this error and restored power to the people and the states to make these decisions.”

“With Roe v. Wade overturned and statutory triggers provided in HB 126, we are issuing this proclamation to restore our state authority to regulate abortion and protect life.”

Abortion was a ballot issue in various states on Nov. 5. In Arizona, voters had to decide whether to establish abortion as a constitutional right.

Currently, abortion is legal in the state up to 15 weeks of pregnancy, with approximately 62 percent of voters supporting the measure.

A similar initiative was introduced in Florida to enshrine abortion as a constitutional right. Despite receiving the backing of 57 percent of voters, the proposal did not meet the 60 percent threshold required for approval.

Several states have implemented strict abortion regulations in the past year. In May, Louisiana Gov. Jeff Landry signed a bill designating abortion drugs mifepristone and misoprostol as controlled substances, limiting their dispensing to prescription only.

In July, a new law went into effect in Iowa, prohibiting abortion after detecting cardiac activity in the fetus, typically around the sixth week of pregnancy. Previously, abortion was legal in the state up to 20 weeks of gestation.

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