Judge Zhang rules abortion ban as unenforceable; upholds licensing requirement for abortion facilities
A Missouri judge has ruled that Missouri’s near-total abortion ban is unenforceable, saying that it “is directly at odds” under a new constitutional amendment.
Jackson County Circuit Judge Jerri Zhang temporarily overturned several abortion laws while keeping others in place in a Dec. 20 ruling. The mixed decision means that abortions will not yet resume in Missouri because the licensing requirement for abortion facilities was upheld.
Planned Parenthood Great Plains, Planned Parenthood Great Rivers and the ACLU of Missouri said in a statement that the practical effect of the decision is that Planned Parenthood facilities are not able to offer abortions because they lack a license to operate and cannot obtain one under the current law.
Judge Zhang temporarily blocked these abortion regulations:
• Missouri’s “trigger ban” and additional bans on abortions at 8 weeks, 14 weeks and 18 weeks and abortions for reasons such Down syndrome, race and sex;
• A requirement that physicians providing abortions have admitting privileges at hospitals within 30 miles or a 15-minute drive;
• Mandatory 72-hour waiting period before an abortion procedure;
• Informed consent requirement;
• A requirement that abortion providers administering medication abortions have a doctor physically present while administering the drug and access to an OB/GYN specialist;
• Requiring fetal tissue from an abortion to be sent to a pathologist.
Judge Zhang ruled to keep these laws in place:
• Requirement that patients must see a doctor in person before prescribing pills used in medication abortions;
• A law stating that abortions can only be performed by medical doctors, not physicians assistants or advanced practice registered nurses;
• A requirement that abortion facilities be licensed under ambulatory surgical center regulations and standards. The measure also requires clinics to have a plan for managing medical emergencies.
“Missouri voters were never told these outcomes would become reality as a result of Amendment 3,” Missouri Stands with Women spokeswoman Stephanie Bell said. “The more Missourians learn about blatant discriminatory abortions being legalized and the health and safety of women being put in danger they will demand Missouri fix this issue …”
Amendment 3, which passed with 51.6% of votes in support, allows for abortions until fetal viability (typically around 22-24 weeks of pregnancy), but also offers a broad exception for the “life and physical or mental health” of the pregnant person.
The measure also creates a right to make other reproductive decisions by declaring the government shall not “deny or infringe upon a person’s fundamental right to reproductive freedom … including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care and respectful birthing conditions.”
Just one day after its passage, Planned Parenthood and the ACLU announced a lawsuit seeking to block numerous abortion laws. In light of the judge’s ruling, Planned Parenthood said in a statement that it is reviewing its legal options but didn’t indicate how soon they may resume abortions in Missouri.
>> January respect life events
Roe v. Wade Memorial Mass: 8 a.m. Saturday, Jan. 18, at the Cathedral Basilica of Saint Louis. There will be a Rosary after Mass, followed by a reception in Boland Hall. A collection will be taken up for the LifeLine Coalition.
Young Adult Pro-Life Holy Hour: 6:30 p.m. Thursday, Jan. 23, at the Cathedral Basilica of Saint Louis. Co-sponsored by Anima Christi, Salt + Light and the Respect Life Apostolate, the evening will include a Gospel of Life reflection by Jamie LaBelle, followed by eucharistic adoration, Rosary and the sacrament of reconciliation will be offered. A dessert social will follow in Boland Hall.
For an up-to-date listing of pro-life events in January, visit www.archstl.org/events/category/respect-life-apostolate/.
