Missouri’s Republican attorney general, Andrew Bailey, has stated that he will continue enforcing laws restricting abortion after fetal viability, despite a new constitutional amendment that protects abortion rights. The amendment, approved by voters, allows for restrictions or bans on abortion after viability, with an exception for cases where the pregnant person’s health is at risk. Bailey also affirmed his commitment to enforcing laws requiring parental permission for minors seeking abortion.
The term “viability” refers to whether a pregnancy is expected to continue normally or if a fetus could survive outside the uterus, typically after the 21st week of pregnancy. The passage of the amendment was a victory for abortion rights advocates in Missouri, while similar amendments were defeated in other states. The amendment does not explicitly override existing laws, leaving it to advocates to challenge any bans they believe are now unconstitutional.
Planned Parenthood affiliates in Missouri have filed a lawsuit to invalidate the state’s abortion ban and other regulations. Some abortion rights supporters in Missouri were concerned about allowing restrictions after fetal viability, fearing it could lead to limited access to abortion. However, the inclusion of such limits was seen as necessary to secure passage of the amendment. Despite the amendment taking effect in December, the legal battle over abortion rights in Missouri is far from over.
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