JEFFERSON CITY — Missouri Attorney General Andrew Bailey is at the center of a pivotal legal battle over abortion rights following the narrow approval of Amendment 3 by Missouri voters in November.
The constitutional amendment enshrines the right to abortion in the state, rendering the near-total abortion ban passed in 2022 unenforceable.
However, Bailey argues that certain abortion restrictions, such as parental consent and waiting periods, should remain intact despite the new legal landscape.
Amendment 3 was approved with 51.6% of the vote and declares that "the right to reproductive freedom shall not be denied, interfered with, delayed or otherwise restricted unless the government demonstrates that such action is justifiable by a compelling governmental interest achieved by the least restrictive means."
This sweeping language challenges numerous state regulations, including those often described as "targeted regulation of abortion providers" (TRAP) laws.
Planned Parenthood filed a lawsuit immediately after the amendment’s passage. It is seeking to strike down several TRAP laws it argues are "medically unnecessary" and limit access to abortion. These include a mandatory 72-hour waiting period, requirements for admitting privileges at nearby hospitals and mandatory reporting of all abortion-related complications. The organization also aims to overturn the 2022 trigger ban.
Bailey’s office has pushed back, defending many of the contested regulations as necessary for women’s health and safety.
Solicitor General Josh Divine argued in court that Amendment 3 does not invalidate all abortion restrictions, particularly those ensuring "adequate time for women to choose childbirth."
Bailey has also pledged to enforce specific limitations until courts provide further clarity.
"It’s sick that Planned Parenthood doesn’t acknowledge the difference between a miscarriage and an abortion, a slap in the face to the millions who have lost beloved babies prematurely,” Madeline Sieren, the spokeswoman for Bailey, said in a statement to The Missouri Independent.
Jackson County Circuit Judge Jerri Zhang heard arguments last week on Planned Parenthood’s request for a preliminary injunction that would block enforcement of the laws.
Planned Parenthood leaders argue that every day without clarity delays Missourians’ constitutional rights.
"They are entitled to access abortion under the state’s constitution, and every day they cannot get that care here at home, their rights are being violated," Emily Wales, CEO of Planned Parenthood Great Plains, said in a provided statement.
Planned Parenthood's case represents the first major test of Amendment 3’s reach and could set a precedent for similar battles in other states.
Bailey’s office maintains that while certain laws may now be unenforceable, the amendment does not eliminate restrictions aimed at protecting health or regulating post-viability abortions.
Anti-abortion advocates, including groups like 40 Days for Life, have rallied to defend the existing laws.
Bailey has suggested that the slim margin of Amendment 3’s passage leaves room for further legislative or electoral challenges. He has signaled support for new measures to narrow abortion rights, potentially bringing the issue back to voters.
In Planned Parenthood's lawsuit, the entity argues that in 2022, following the U.S. Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization to overturn Roe v. Wade, Missouri became one of the first states to ban abortion entirely.
Even before this, accessing abortion in Missouri was nearly impossible due to restrictive laws targeting providers, the agency argued.
By 2019, only one health center in St. Louis offered abortions, and patients faced invasive, medically unnecessary procedures and delays.
However, on Nov. 5, Missouri voters approved a constitutional amendment protecting reproductive freedom, including abortion rights, effective Dec 5.
Amendment 3 presumes any restrictions invalid unless they meet strict standards of medical necessity and respect patient autonomy, Planned Parenthood argued.
The entity wants judicial relief to invalidate Missouri’s abortion bans, citing the irreparable harm caused to patients and providers if these unconstitutional restrictions continue.