After the abortion ballot measure passed in November, a state circuit court judge blocked part of Missouri's near-total abortion ban. But the ruling also upheld other restrictions, such as requiring abortion facilities to be licensed by the state.
on his friday preliminary injunctionJackson County Circuit Court Judge Jerry Chan ruled that the state's anti-abortion law is “directly inconsistent” with the Third Amendment, which voters approved last month, and that the law is “therefore presumptively invalid.” said.
Zhang's ruling crushed the state's attempt to dismiss the lawsuit brought by Planned Parenthood. He also proposed new regulations, including requiring a doctor to be present when a patient takes the abortion pill, a 72-hour waiting period between a patient's visit to the doctor and the abortion procedure, and other criminal penalties. He also denied any restrictions.
“Furthermore, the threat of irreparable harm exists here because 'compliance with an unconstitutional statute, even for a minimal period of time, undoubtedly constitutes irreparable harm,'” the judge wrote on page 22. stated in the judgment.
Despite the state's many regulations regarding abortion, Zhang said abortion facilities must be licensed by the state of Missouri, patients must come in-person to obtain abortion drugs, and abortion It followed some of the regulations required by the state, such as requiring only doctors to prescribe drugs. Performs abortions in Missouri.
“As these relate to abortion facilities, the court has found that there may be a compelling government interest in licensing abortion facilities in this manner, and at the preliminary injunction stage, “Plaintiffs have not demonstrated a likelihood of success on the merits under Gabbert,” the judge said. I wrote.
The Show Me State was one of the first states to impose a ban on abortion-like practices following the 2022 Roe v. Wade reversal. Despite being passed in November, Amendment 3 does not repeal current law, but advocates can challenge its limitations. They claim that voting standards are not met.
The Hill has reached out to Attorney General Andrew Bailey's (R) office for comment.
