JEFFERSON CITY — Women in Missouri would lose nearly all access to abortion under a draft U.S. Supreme Court opinion that would reverse the 49-year-old decision that made access to the procedure a constitutionally protected right.
A 2019 state law includes a so-called trigger that would make abortion even more of a rarity in the state if the landmark 1973 Roe v. Wade decision is negated by the high court.
The leaked decision, first reported Monday by set off alarm bells at groups such as Planned Parenthood, which operates a facility in ºüÀêÊÓƵ that is Missouri’s lone abortion clinic.
“We knew this opinion was coming, and while it’s not official, it brings us one step closer to an impending public health crisis,†Yamelsie RodrÃguez, president of Planned Parenthood’s Missouri operation, said in a statement. “For now, patients seeking abortion care in Missouri and Illinois, can and should continue to show up for your appointments — abortion remains legal today.â€
As part of a sustained effort by Republicans who control Missouri’s House and Senate, laws and regulations have already made abortion a rarity in the state.
Since peaking at more than 20,000 a year in the 1980s, the number of abortions in Missouri dropped to fewer than 150 a year because of limited access. Many women now travel to out-of-state clinics, including two in the Metro East, for the procedure.
Republicans cheered the potential decision.
“If this draft is accurate, Missouri will be an abortion free state!†tweeted former House Speaker Elijah Haahr, R-Springfield, who presided over the House when the Legislature sent the 2019 trigger law to Gov. Mike Parson’s desk.
The 2019 law sponsored by Rep. , a St. Charles County Republican, started out as a ban on most abortions once a fetal heartbeat can be detected. But as part of national effort by anti-abortion forces, the bill was quickly loaded with amendments that would toughen the state’s already restrictive abortion laws in other ways.
The law prohibits abortion after eight weeks of gestation unless there is a critical medical reason. There are no exceptions for rape, incest or human trafficking.
The law also bans a woman from aborting a fetus that might have Down syndrome. It also requires both parents or guardians to be notified before minors can get an abortion, in most cases.
And it includes the trigger ban on abortion if Roe v. Wade is overturned. Twelve other states have adopted trigger laws, including four of Missouri’s neighbors: Oklahoma, Arkansas, Tennessee and Kentucky.
The ban would become effective in one of three ways if Roe is overturned. Attorney General Eric Schmitt could issue an opinion. Parson could sign a proclamation. Or the Legislature could adopt a concurrent resolution declaring the Supreme Court had overruled the 1973 decision.
Schmitt, a Republican who is a candidate for U.S. Senate, pledged to move quickly if the court acts.
“I’m encouraged by the draft opinion, and it is consistent with the briefs we’ve submitted to the United States Supreme Court calling for Roe v. Wade to be overturned,†Schmitt said in a statement. “If we’re successful and Roe v. Wade is overturned, I’m prepared to immediately issue the opinion that would protect the unborn in Missouri.â€
Parson’s office didn’t respond to a request for reaction from the Post-Dispatch.
“If Governor Parson makes a statement, we will send it via a press release,†said spokeswoman Kelli Jones.
House Bill 126 zoomed out of the House that year on a 117-39 vote, was approved by the Senate in the dwindling hours of the 2019 session and signed by Parson in a private ceremony in his office.
The law is , but an overturn of Roe v. Wade would change the legal precedent and make the 2019 Missouri law enforceable.
The fight has continued on other fronts.
Sen. , R-Lake Saint Louis, who was the Senate sponsor of the 2019 law, has led a charge to ensure public funds are not used to pay for abortions for low-income women.
Sen. , R-Imperial, pushed for legislation that would have limited the availability of birth control drugs and devices.
Under Parson, the Department of Health and Senior Services tried to revoke the license of Planned Parenthood’s clinic in ºüÀêÊÓƵ’ Central West End. That effort failed, and the state has had to pay over $150,000 in attorney fees to the organization.
Democrats say the looming decision should be a rallying cry for women in the upcoming elections.
“We live in America, the leader of the free world — unless you are a woman. We must not forget the radical right’s goals when we get to the ballot box at midterms,†said Executive Director Randy Dunn.
Planned Parenthood said it would not give up in attempting to keep abortion available as a health care procedure.
“No matter what, with our partners, we will fight for what little is left of abortion access in Missouri and push forward to expand in Illinois where abortion access is protected beyond Roe,†RodrÃguez said.
The push to expand the court, something that hasn’t been done since the aftermath of the Civil War in 1869, faces a series of stiff challenges…
Erin Williams of Lemay, listens to speakers on Tuesday, May 3, 2022, at an abortion-rights rally where hundreds covered the steps of the Thomas F. Eagleton Federal Courthouse in ºüÀêÊÓƵ. The rally, sparked in response to the leaked draft opinion of U.S. Supreme Court Justice Samuel Alito striking down Roe v. Wade, was sponsored by Pro Choice Missouri. Photo by Christian Gooden, cgooden@post-dispatch.com