


Missouri voters overturned the state’s near-total abortion ban in November, but in a state with a Republican trifecta and an active pro-life movement, that doesn’t mean the fight is over.
With clinics prepared to resume elective abortions Friday after a two-year gap, Planned Parenthood and Missouri Attorney General Andrew Bailey are locked in a legal battle over which regulations may still be enforced under Amendment 3, which established a constitutional right to “reproductive health care.”
The day after the Nov. 5 election, Planned Parenthood filed a lawsuit seeking to overturn two dozen laws described as “medically unnecessary restrictions targeted at abortion providers,” such as requiring that only doctors perform abortions and that they have admitting privileges at nearby hospitals.
“Missourians have spoken and we’re ready to deliver,” said Emily Wales, president and CEO of Comprehensive Health of Planned Parenthood Great Plains. “There are many restrictions to challenge before access can be fully realized, but we’re proud to continue this fight to make sure everyone in this state can have the safe, legal abortion care they deserve.”
In a legal opinion, Mr. Bailey, a Republican, acknowledged that Amendment 3 made five state laws barring abortion unenforceable, but said that the remaining statutes “simply regulate abortion providers but do not prohibit abortion.”
A hearing on Planned Parenthood’s request for a temporary injunction is scheduled for Thursday in Jackson County Court in Kansas City.
Amendment 3 squeaked by with 51.6% of the vote in the Nov. 5 election, making Missouri the first state with a ban on abortion except in emergencies to approve an abortion-rights amendment following the Supreme Court’s June 2022 decision overturning Roe v. Wade.
Not surprisingly, pro-life groups and Republican state legislators are already seeking to challenge the amendment.
The Life Coalition held five simultaneous press conferences Tuesday at Planned Parenthood locations in Missouri arguing that the lawsuit would “block safety laws currently protecting women in this state.”
“We call for all of these safety standards to stay intact,” said Brian Westbrook, executive director of Coalition Life, outside the Planned Parenthood affiliate in St. Louis.
“If they are overturned, we call on people of the state of Missouri and our legislature to reenact these safety standards to make sure that women do not go into a place like this and leave in an ambulance headed to the hospital,” he said.
He said that Coalition Life recorded 80 instances from 2009 to 2019 of ambulances transporting women from the Planned Parenthood affiliate to the hospital for conditions including hemorrhaging, seizures and fainting.
“Secondarily, we ask that the legislature take immediate action to reverse the effects of Amendment 3, especially if the judge allows for the preliminary injunction tomorrow,” Mr. Westbrook said.
The state legislature lacks the authority to overturn a constitutional amendment without a vote of the electorate, but Republican state legislators are already discussing how to trim the measure’s sails.
Rep. Brian Seitz has already pre-filed bills to protect infants born alive after botched abortions and ban most abortions after the detection of a fetal heartbeat, or about six weeks gestation.
“While we can’t repeal Amendment 3, the people did vote for that, we can chip away at the edges,” he told Fox2 in St. Louis.
There’s also speculation that Republicans may try to place a constitutional amendment on the 2026 ballot that would supplant Amendment 3.
The issue has sparked a power struggle for the House speaker position.
State Rep. Justin Sparks said he plans to challenge the heir apparent, House Majority Leader Jon Patterson, who has said that “I don’t think an abortion ban works” and that he would respect the will of the voters on Amendment 3.
“That’s not what the leader of the Republican caucus should be saying,” said Mr. Sparks in a video.
Supporters of Amendment 3 argued that the measure’s win shows that Missouri’s near-total abortion ban was out of step with the voters, while foes chalked up the outcome to the huge financial disparity. The Ballotpedia tally showed the No on 3 campaign was outspent by 15 to 1.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.