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Missouri attorney general declares abortion ban ‘unenforceable’ following Amendment 3, but not other legislations


Missouri Attorney General Andrew Bailey has acknowledged that the state’s strict ban on most abortions will no longer be enforceable after a voter-approved amendment protecting abortion rights goes into effect on Dec. 5. While this effectively ends one of the strictest abortion bans in the country, Bailey argues that other abortion restrictions should still stand.

Missourians backed Amendment 3, which protects abortion rights until fetal viability and allows for abortions beyond that point to protect the life, health, or mental health of the mother. Planned Parenthood affiliates filed a lawsuit to strike down the state’s ban on most abortions, along with other restrictions such as waiting periods and hospital admitting privileges for doctors.

Bailey’s response to the lawsuit acknowledges that the state’s near-total ban on abortion will no longer be in effect, but his office will continue to enforce laws against abortions after fetal viability. He argues that Amendment 3 does not impact all abortion restrictions and that the court should not issue a preliminary injunction against them.

The abortion debate in Missouri is ongoing, with Republicans in the General Assembly planning to counteract Amendment 3 in the future. Planned Parenthood hopes to resume abortions on Dec. 5, while Bailey suggests that if the amendment is altered or repealed in the future, broader enforcement of abortion restrictions could be restored automatically.

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