Missouri Abolishes Abortion

Missouri became the first state to make elective abortion illegal Friday morning following the announcement of the United States Supreme Court decision that overturned Roe v. Wade. 

"Today, following the United States Supreme Court's ruling that overturned Roe v. Wade–with this attorney general opinion, my Office has effectively ended abortion in Missouri, becoming the first state in the country to do so following the Court's ruling," said Attorney General Schmitt shortly after 9:15 a.m. June 24.

Within the hour, Governor Mike Parson's office issued a statement confirming he had signed a proclamation giving legal effect to Section 188.017 RSMo and activating what is known as the "Right to Life of the Unborn Child Act."

Passed by the Missouri State Legislature in 2019, this trigger law was written specifically to take effect when, "The United States Supreme Court has overruled Roe v. Wade, 410 U.S. 113 (1973), restoring or granting to the state of Missouri the authority to regulate abortion to the extent set forth in this section."

“While I was in the House, we passed HB126,[the bill that eventually became the Right to Life Act]…Missouri has now become the first state to effectively end abortion, and I could not be more proud of our state,” commented Missouri State Senator Karla Eslinger. “The Dobbs v. Jackson decision affirms the decades of work that pro-life defenders have always believed: that life is sacred and should be protected.”

What does the law do?

On Friday morning, it became illegal to perform an elective abortion in Missouri except for a medical emergency. As U.S. Senator Josh Hawley noted in a press conference that morning, there are no exceptions under the current form of the law for cases of rape or incest.

As interpreted by the governor's press release, the newly enacted law:

-Prohibits doctors from performing abortions unless there is a medical emergency;

-Creates criminal liability for any person who knowingly performs or induces a non-medical emergency abortion and subjects his or her professional license to suspension; and

-Protects any woman who receives an illegal abortion from being prosecuted in violation of the Act.

Women who miscarry or experience an ectopic pregnancy will still have access to necessary medical procedures. Subsection (3) of the law specifically defines a medical emergency as "an affirmative defense," meaning it removes criminal liability. 

In his press conference, Sen. Hawley said, "The decision has been turned back over to the States. This rights a grave injustice the [U.S. Supreme] Court visited on the nation in 1973. It is a total and complete victory for Missouri."

Whereas Roe v. Wade interpreted access to abortion as a Constitutionally protected right, the decision in Dobbs v. Jackson Women's Health removes the federal application and sends the law-making authority back to the States. 

In the majority opinion, written by Justice Samuel Alito, the High Court noted, "Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people's elected representatives."

Hawley said he foresees "a period of transformative change" in American politics in which "red states will become redder, purple states red, blue states bluer."

"My guess this will be hugely energizing to conservative voters," Sen. Hawley said. "How we can support maternal health, particularly for indigent mothers? Zooming out a bit, we need to build an economy that allow families to support children."

 

Pro-choice response

In stark contrast to the jubilant celebration in virtually every conservative statement on the decision, the mood in the press call hosted by the Missouri Democratic Party was decidedly gloomy. 

U.S. Congresswoman Cori Bush addressed the media from inside the single remaining abortion facility in Missouri: the Planned Parenthood clinic in St. Louis. 

"Those people who had appointments for abortions at this location where I currently am seated no longer have appointments for this weekend," Rep. Bush lamented. 

She called this development "troubling" and said she was "furious."

"Our governor has failed this state," Bush said. "Our black and our brown communities are impacted the hardest."

Minority Leader of the House chimed in during the Democrats' call saying, "You can no longer obtain abortions in Missouri...The only way that changes is by who you elect and send to Jefferson City."

"Those opponents who celebrate are hurting women," said Missouri Democrats' Michael Butler. "We can't believe that this has happened today."

Threats of Violence

U.S. Congressman Jason Smith (R-8) issued a statement decrying threats of violence in the wake of the decision. 

"Dangerous rhetoric by leaders on the left, including Senate Majority Leader Chuck Schumer, has led to violent attacks against pregnancy centers and nearly resulted in the assassination of a Supreme Court Justice. What we need right now is for our leaders to urge acceptance of this decision and make it abundantly clear that our nation – founded on the principle of free speech – will not tolerate any acts of violence against those with different beliefs."

Hawley echoed a zero-tolerance stance on acts of violence. 

"It's time for the Justice Department to be very clear that violence will not be tolerated," Hawley said. "Protesting passionately is their right, but any kind of violence has got to be beyond the pale."