Planned Parenthood Sues to Remove Abortion Ban in Missouri

Naveen Athrappully

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

The lawsuit stems from the June 2022 U.S. Supreme Court decision that overturned Roe v. Wade, which returned the power back to the states. As a result, Missouri's near-total abortion ban came into effect. A proposal, Amendment 3, was put up for vote on Nov. 5 seeking to revoke the state's law banning abortion. The government cannot "deny or infringe" on citizens' reproductive decisions like contraception and abortion, it said. On Tuesday, 52 percent of voters approved the measure, giving the amendment a simple majority.On Nov. 6, Planned Parenthood said it filed a lawsuit at the Circuit Court of Jackson County, Missouri, to repeal the state's abortion regulations. The amendment takes effect on Dec. 5, after which the government cannot intervene except under very narrow circumstances, the lawsuit noted.

"Plaintiffs seek a declaration that Missouri's laws and regulations banning and restricting abortion, as set forth herein, are unconstitutional," it said.

"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 abortion rules being challenged in the case include:

A requirement that abortions performed in facilities other than a hospital be licensed as a type of ambulatory surgical center.

A rule that physicians providing abortions have "clinical privileges at a hospital which offers obstetrical or gynecological care located within thirty miles of the location at which the abortion is performed."

Any tissue removed at the time of abortion has to be submitted within five days to an expert for examination.

Physicians conducting abortions have to complete an abortion report for every such case that they handle.

Patients seeking abortion must receive state-mandated information prior to the procedure. Such information can include the probable anatomical characteristics of the unborn child and an ultrasound of the fetus.

Women seeking abortion are required to make a medical trip to a health center at least 72 hours prior to the procedure.

A requirement that abortion medications shall only be administered "in the same room and in the physical presence of the physician" who recommended it, which the plaintiffs claim is effectively a telemedicine ban.

The lawsuit was filed by the Comprehensive Health of Planned Parenthood Great Plains and Planned Parenthood Great Rivers-Missouri.The case was filed against the State of Missouri and multiple officials, including the governor, state attorney general, and Missouri's director of the Department of Health and Senior Services.

Abortion in the US

After the Supreme Court ruling on Roe v. Wade, Missouri Gov. Mike Parson signed a proclamation in June 2022 that activated the state's Right to Life of the Unborn Child Act. The Act was included in HB 126 signed in 2019 and was contingent upon the U.S. Supreme Court overruling Roe v. Wade.

The measure prohibited doctors from conducting abortions unless there was a medical emergency and created a criminal liability for any individual performing 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 said at the time. "We are happy that the U.S. Supreme Court has corrected this error and returned 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 several other states on Nov. 5. In Arizona, voters had to pick whether to enshrine abortion as a constitutional right.

At present, abortion is only legal in the state through 15 weeks of pregnancy. Around 62 percent voted in support of the measure.

A similar proposal was put up in Florida that sought to make abortion a constitutional right. Although it received the backing of 57 percent of voters, the proposal failed to cross the 60 percent threshold necessary to pass.

Multiple states have taken action to implement stringent abortion measures this past year. In May, Louisiana Gov. Jeff Landry signed a bill designating abortion drugs mifepristone and misoprostol as controlled substances. The designation means the drugs can only be obtained with a prescription.In July, a new law came into effect in Iowa that bans abortion after cardiac activity is detected in the fetus, which typically happens around the sixth week of pregnancy. Previously, abortion was legal in the state up to 20 weeks of gestation.