Missouri Faces Legal Battle to Uphold Abortion Restrictions Post-Amendment 3
In a surprising twist following the passage of Amendment 3, which secured abortion rights in Missouri, state officials are struggling to maintain strict abortion regulations while paradoxically invoking the now-overturned Roe v. Wade.
The Missouri legislature, driven by a long history of stringent anti-abortion measures, implemented various obstacles—including a 72-hour waiting period and a near-total abortion ban. These regulations came into effect in 2022 after the U.S. Supreme Court overturned Roe, which had long protected abortion rights nationally. However, the emergence of Amendment 3—approved by 51.6% of Missouri voters in November 2024—established constitutional protections for abortion up to fetal viability and asserted that any governmental interference with reproductive rights is presumed invalid.
In response, Missouri’s Attorney General Andrew Bailey is now contending in court that the state’s existing abortion laws remain constitutional, citing Amendment 3 as restoring Roe’s protections. Critics argue that this interpretation contradicts the amendment’s explicit intention to enhance abortion rights beyond Roe’s original framework. The amendment imposes a heightened scrutiny on any restrictions, demanding compelling governmental interests based on evidence-based medicine.
Despite the clear voter mandate, critics like Margot Riphagen from Planned Parenthood accuse the state of attempting to undermine Amendment 3. She claims such efforts illustrate a broader pattern of circumventing voter decisions when they conflict with political agendas.
The Missouri Supreme Court has yet to rule on the constitutionality of these restrictions, leaving the future of abortion access in the state precariously uncertain. Legal experts suggest a fair interpretation of Amendment 3 would favor pro-choice advocates, potentially equating the right to abortion with other fundamental rights in Missouri. As the legal proceedings unfold, Missouri Republicans may find themselves grappling with the consequences of their own legislative choices.
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