Missouri abortion ban faces challenge after voters approve ballot measure

Missouri's abortion ban is facing a new lawsuit after voters approved a ballot measure Tuesday that could roll back the current abortion ban.

In a sweeping effort after Tuesday's election, abortion rights advocates celebrated seven notable victories on reproductive rights ballot measures across the United States. However, they lost three votes, marking their first losses since the fall of the Supreme Court Roe v. Wade in 2022.

What happened in Missouri?

Missouri residents voted Tuesday to legalize abortion up to fetal viability, overriding the state's current ban on almost all abortions because the amendment enshrines abortion rights in the Constitution.

Missouri subsequently became the first state to ban abortions, including in cases of rape and only in medical emergencies Roe v. Wade was knocked over. In addition, clinics, burdened by extensive regulations, stopped performing abortions.

In response, abortion rights advocates collected hundreds of thousands of signatures for a vote on Amendment 3 to legalize abortion until the fetus is viable, about 24 weeks.

What is the lawsuit?

Following Tuesday's election, Planned Parenthood of the Great Plains filed a lawsuit in state court Wednesday seeking to overturn Missouri's abortion ban and several laws regulating abortion.

That's because the change, set to take effect on December 5, does not automatically override existing laws and puts the onus on advocacy groups to push for judicial intervention to restore access to abortion.

In its lawsuit, Planned Parenthood's affiliate objected to requirements such as requiring doctors who perform abortions to have a surgical license and to perform gynecological exams on all patients, even if they only provide medication abortions.

“Some of these patients choose to have a medical abortion precisely because they do not want instruments inserted into their vagina,” said Dr. Selina Sandoval, deputy medical director of Planned Parenthood, said in a statement of claim. “I cannot and do not want to subject my patients to unnecessary examinations.”

The challenge also takes aim at regulations such as the 72-hour waiting period and a telemedicine abortion ban.

Other states on abortion rights

Abortion rights advocates point to their electoral successes as evidence of broad voter support, despite defeats in Florida, South Dakota and Nebraska, where unique obstacles influenced the results.

In Florida, for example, Republican Gov. Ron DeSantis actively opposed the measure by redirecting state GOP funds and amplifying state agencies' anti-abortion messages, all of which contributed to the constitutional amendment's failure to pass the hurdle despite majority support of a constitutional amendment is 60 percent, while most states require a simple majority.

In South Dakota, the measure would have allowed the state to regulate second-trimester abortion, but only in a way that protects the woman's health. Because of the provision, national abortion rights organizations withheld funding for their support, citing a lack of focus on broader reproductive health issues.

Meanwhile, in Nebraska, a competing anti-abortion measure further complicated voters' decisions, an approach that anti-abortion advocates may repeat in other states.

Possible effects of the Trump presidency

With Donald Trump returning to the White House, federal abortion policy could change. Trump's changing stance on abortion leaves unclear whether he would enact a nationwide ban. Trump has said he would veto a nationwide ban, although he previously refused to answer questions about it.

Still, his judicial appointments have already transformed abortion policy, and he previously held the distinction of appointing three justices to the U.S. Supreme Court who helped form the majority that was overthrown Roe v. Wade.

This article contains reporting from The Associated Press.