Missouri judge strikes down regulations restricting medication abortion

Missouri judge strikes down regulations restricting medication abortion

By Ty Albright •
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Missouri Judge Strikes Down Most Remaining Abortion Restrictions, Expanding Access

A Missouri judge has struck down nearly all of Missouri's remaining abortion regulations, clearing the way for expanded abortion access and the potential return of medication abortions.

Judge Jerri Zhang ruled that numerous abortion restrictions violated Missouri's voter-approved constitutional amendment protecting reproductive freedom, which was approved by voters in November 2024. The decision removes a range of regulations that abortion-rights advocates argued effectively prevented providers from offering care despite the constitutional protections.

Among the provisions invalidated were licensing requirements for abortion facilities, physician hospital-admitting privilege requirements, restrictions on telemedicine appointments for medication abortions, and other regulations governing abortion providers. The ruling also opens the door for providers to offer medication abortions through telehealth, subject to federal regulations.

Planned Parenthood Great Rivers and Planned Parenthood Great Plains, which challenged the restrictions alongside the American Civil Liberties Union of Missouri, called the decision a major victory for patients seeking reproductive health care.

The organizations argued that Missouri's regulations were designed to limit access rather than protect patient safety.

The ruling is the latest development in Missouri's rapidly changing abortion landscape. Missouri enacted a near-total abortion ban after the U.S. Supreme Court overturned Roe v. Wade in 2022.

Voters later approved Amendment 3 in 2024, adding protections for abortion and other reproductive health care decisions to the Missouri Constitution.

Abortion services briefly resumed in Missouri earlier this year after a separate court ruling blocked several restrictions. However, legal challenges continued as state officials sought to preserve regulations that remained on the books.

Missouri Attorney General Catharine Hanaway announced the state will appeal Zhang's decision to the Missouri Supreme Court.

“My heart is broken by today’s ruling,” Hanaway said in a statement. “This is exactly the Pandora’s box we warned of, and the women of Missouri will pay the price.”

Hanaway criticized the ruling for removing state oversight of abortion providers.

“This radical decision gives abortion providers a free pass to police themselves,” Hanaway said. “Women are no longer entitled to the same level of care in an abortion clinic that they would receive in other healthcare settings: providers are no longer required to maintain complication plans or insurance, and the state cannot even conduct basic health and safety inspections to ensure patient safety.”

Hanaway also argued the decision expands access to abortions later in pregnancy.

“Worse yet, this decision unilaterally expanded late-term abortion after fetal viability,” she said. “None of this is what Missourians voted for. My office will expeditiously appeal this dangerous decision to the Missouri Supreme Court, and I will never stop fighting for the safety of women and children.”

Governor Mike Kehoe backed Hanaway's sentiment. "Yesterday’s ruling in Jackson County is disappointing, dangerous, and puts the safety of Missouri women in jeopardy. Abortion providers will no longer be held to basic standards that keep patients safe and hold clinics accountable. I stand behind [Hanaway] in appealing this decision to the Missouri Supreme Court," he said."

Missourians do not support this irresponsible reversal of patient safety standards. Now more than ever, it’s critical for Missourians to vote YES on Amendment 3 in November and make it abundantly clear that our state stands for life and the protection of mothers."

The appeal is expected to send the dispute back to higher courts and could determine the future scope of abortion access in Missouri.

Republican lawmakers have placed a proposed constitutional amendment on the November ballot that would repeal the reproductive-rights protections approved by voters in 2024 and allow broader abortion restrictions if approved.

FILE - Boxes of the drug mifepristone sit on a shelf at the West Alabama Women's Center in Tuscaloosa, Ala., March 16, 2022. (AP Photo/Allen G. Breed, File) (AP Photo/Allen G. Breed)

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