Missouri Supreme Court orders Judge to vacate injunctions, reinstating abortion ban

by Emily Song

Intern. The Ruth Collective

06/01/2025

On May 27, 2025, the Missouri Supreme Court vacated two lower court rulings that had temporarily allowed abortions to resume. Before we dive into the implications and significance of what these rulings mean for those currently living in Missouri, let’s do a quick recap of the history of the legalization of abortion! 

In 1973, the United States Supreme Court established a woman’s constitutional right to have an abortion in the case of Roe v. Wade, 410 U.S. 113 (1973). The court ruled that the right to privacy was implied by the Fourteenth Amendment, which led to the legalization of abortion nationwide. However in 2022, the United States Supreme Court overturned this ruling in the case of Dobbs v. Jackson Women’s Health Organization, 597 U.S.___ (2022), which removed the federal constitutional right to abortion, returning the authority to regulate abortion to individual states. 

Interactive Map: US Abortion Policies and Access After Roe. Guttmacher Institute

After the overturning of Roe v Wade, Missouri’s “trigger law” (Mo. Rev. Stat. § 188.017, 2019), passed in 2019 and implemented, banning all non-medically necessary abortions. In November 2024, Missouri voters passed a ballot to ensure abortion rights by amending the state constitution that guarantees a “right to reproductive freedom” up until fetal viability- which is generally considered 24 weeks of pregnancy (Ecker et al. Periviable Birth. ACOG. 2017). 

In December 2024, Circuit Court Judge Jerri Zhang presided over a legal challenge to Missouri’s abortion laws following the passage of Amendment 3, which enshrined the right to reproductive freedom in the state constitution. The ruling blocked the “trigger law” (Mo. Rev. Stat. § 188.017, 2019), citing violations of the newly adopted constitutional amendment. In February 2025, Zhang then struck down specific licensing requirements for abortion providers, deeming them discriminatory because they imposed standards not required for comparable medical services, such as miscarriage. 

On May 27th, 2025, the Missouri Supreme Court ordered Judge Zhang to vacate her injunctions against the abortion ban, citing that the judge had applied the wrong legal standards, which in turn led to the reinstatement of the abortion ban. It is worth noting that the Missouri Supreme Court did not rule directly on abortion access. The state argued that Judge Zhang’s injunctions had left abortion facilities “functionally unregulated” and that women had “no guarantee of health and safety,” emphasizing concerns over facility cleanliness and emergency protocols (Associated Press, 2025).

The future of abortion remains unclear in the state of Missouri. Recently, lawmakers approved a new ballot measure to repeal the recently added Amendment 3, and the amendment will be up for consideration on the November 2026 ballot. By instructing Judge Zhang to vacate her injunctions “in light of this [new] standard,” the Missouri Supreme Court left open the possibility that she could reissue the injunctions using a different legal framework—potentially restoring access to abortion if it aligns with the constitutional amendment (Raymond, 2025).

What does this mean moving forward? While abortions are currently unavailable in Missouri, residents can still access care in nearby states. In Kansas, for example, abortion is legal up to 22 weeks. Patients can find the nearest provider by calling 1-800-230-PLAN or visiting www.midwestaccesscoalition.org. 

As of May 2025, Missouri residents are not subject to criminal prosecution for obtaining legal abortions in other states. Missouri law, including its post-Roe “trigger law” (Mo. Rev. Stat. § 188.017), prohibits almost all abortions within the state but explicitly states that pregnant individuals cannot be prosecuted for undergoing an abortion—even if the procedure would be illegal under Missouri law. This protection extends to procedures performed outside of Missouri. While abortion remains broadly inaccessible within the state following legal and procedural rulings, residents may still travel to neighboring states like Kansas, where abortion remains legal up to 22 weeks (Ziegler, 2025; Missouri Attorney General’s Office, 2024).

References:

Associated Press. (2025, May 27). Missouri Supreme Court allows abortion ban to continue. AP News. https://apnews.com/article/abortion-ruling-missouri-supreme-court-0030d333e95de0ed2aebcf114b25aeba

Ecker, Jeffrey L, et al. “Periviable Birth.” ACOG, Obstetric Care Consensus, Number 6, Oct. 2017, www.acog.org/clinical/clinical-guidance/obstetric-care-consensus/articles/2017/10/periviable-birth.

Kansas City Star. (2025, May 27). Missouri Supreme Court reinstates abortion ban, calls judge’s decision flawed. https://www.kansascity.com/news/politics-government/article307370081.html

KCUR 89.3. (2025, May 28). Abortions at Kansas City clinics halted by Missouri Supreme Court ruling.  https://www.kcur.org/health/2025-05-28/abortions-at-kansas-city-clinics-halted-by-missouri-supreme-court-ruling

KSHB 41 News. (2025, May 27). ‘It’s very frustrating’: Missouri Supreme Court blocks abortion access, decision back to Jackson County judge. https://www.kshb.com/news/local-news/its-very-frustrating-missouri-supreme-court-blocks-abortion-access-decision-back-to-jackson-county-judge

Missouri Attorney General’s Office. (2024). Attorney General Bailey secures Supreme Court victory to reinstate health and safety protections for women. https://ago.mo.gov/attorney-general-bailey-secures-supreme-court-victory-to-reinstate-health-and-safety-protections-for-women

Missouri Independent. (2025, May 27). Missouri Supreme Court reinstates abortion restrictions, imposing de facto ban. https://missouriindependent.com/2025/05/27/missouri-supreme-court-reinstates-abortion-restrictions-imposing-de-facto-ban

Raymond, N. (2025, May 27). Missouri Supreme Court allows abortion ban to continue. Reuters. https://www.reuters.com/business/healthcare-pharmaceuticals/missouri-supreme-court-allows-abortion-ban-continue-2025-05-27/

Reproductive Rights. (n.d.). Missouri. Center for Reproductive Rights. https://reproductiverights.org/maps/state/missouri/

State Court Report. (2024, December 21). Despite constitutional amendment, abortion still out of reach in Missouri. https://statecourtreport.org/our-work/analysis-opinion/despite-constitutional-amendment-abortion-still-out-reach-missouri

U.S. News. (2025, May 27). Missouri Supreme Court allows abortion ban to continue. https://www.usnews.com/news/top-news/articles/2025-05-27/missouri-supreme-court-allows-abortion-ban-to-continue

Midwest Access Coalition. (n.d.). Home. https://www.midwestaccesscoalition.org/