Dobbs v. Jackson Women’s Health Organization

Today, the U.S Supreme Court issued its opinion in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, 410 U.S. 113 (1973) and Planned Parenthood v. Casey, 505 U.S. 833 (1992). Below describes the current abortion law in Missouri.

The Right to Life of the Unborn Child Act

In 2019, the Missouri General Assembly enacted Section 188.017, RSMo — the Right to Life of the Unborn Child Act. The law is an outright ban on abortions except in cases of medical emergency. A physician who performs an abortion can be charged with a class B felony and lose his or her professional license.

The law is triggered by the decision to overturn Roe. Upon notice by the governor to Missouri’s Revisor of Statutes that Section 188.017, RSMo likely is constitutional under the change in federal law, the law takes effect. Gov. Parson issued that proclamation today.

While legal challenges are likely, abortions currently are illegal in Missouri unless the woman is experiencing a medical emergency, which is defined as the following.

A condition which, based on reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman; and opponents of the law likely would seek a stay preventing implementation. If the courts decline to stay the law, abortion will be outlawed in Missouri, including chemical abortions using mifepristone/misoprostol or other drugs used to induce abortion, except in cases of medical emergency.  

§ 188.015(7), RSMo