Missouri Attorney General Andrew Bailey has issued an official opinion stating that the state can still enforce some abortion restrictions despite voters lifting the state’s ban through Amendment 3. Bailey believes that statutes prohibiting abortion prior to fetal viability will no longer be enforceable, but laws related to parental consent and cases where women or children are unlawfully pressured to abort can still be enforced. This opinion, addressed to Governor-elect Mike Kehoe, comes amid a lawsuit filed by Planned Parenthood clinics challenging certain abortion laws.
Planned Parenthood is hoping to begin performing abortions at three clinics statewide once Amendment 3 goes into effect on December 5. Still, the attorney general’s opinion does not address the state’s targeted regulation of abortion providers laws that include a mandatory waiting period and pelvic exams. Meanwhile, Republican lawmakers plan to propose another amendment on abortion in the legislative session starting in January.
This opinion adds to the ongoing debate around abortion laws in Missouri and reflects the narrow passage of Amendment 3 with 51.6% of the vote. Bailey’s opinion also comes in the context of former Florida congressman Matt Gaetz withdrawing from consideration for U.S. Attorney General. Overall, the legal landscape around abortion in Missouri remains complex and uncertain.
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