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Federal Appeals Court Blocks Missouri From Enforcing Eight-Week Abortion Ban

Abortion rights activists in St. Louis have repeatedly marched in support of Missouri's only abortion provider.
Caroline Hidalgo
St. Louis Public Radio
Abortion rights activists in St. Louis have repeatedly marched in support of Missouri's only abortion provider. Planned Parenthood officials are hailing the decision of a federal appeals court panel to block the state from barring abortions after eight weeks of pregnancy or because the fetus has Down syndrome.

A three-judge panel on Wednesday upheld a federal judge’s decision last year that blocked Missouri from enforcing a 2019 law that banned most abortions at eight weeks and in cases where a fetus has Down syndrome.

A panel of federal appeals court judges in St. Louis has blocked a 2019 Missouri law that banned most abortions at eight weeks or because a fetus has Down syndrome.

The three-judge panel from the 8th U.S. Circuit Court of Appeals on Wednesday upheld a federal judge’s decision last year that blocked the state from enforcing the law, known as HB 126.

Planned Parenthood and Reproductive Health Services, the only remaining clinic that provides abortions in the state,filed the suit after the Republican-controlled legislature passed it. The suit, which names Republican Gov. Mike Parson and the state of Missouri as defendants, claims that the law violates the U.S. Constitution.

“Today’s decision is a critical victory for Missourians,” said Yamelsie Rodriguez, president and CEO of Planned Parenthood of the St. Louis Region and Southwest Missouri, in a statement. “At a time when Gov. Parson and anti-abortion politicians continue their relentless attacks on reproductive health care, our rights often come down to one court decision at a time.”

A district court judge had earlier determinedthe law going into effect would harm the clinic, its providers and its patients.

Lawyers from the state of Missouri argued the law doesn’t ban abortions, but rather regulated them.

The panel of judges disagreed. “There is nothing an individual in Missouri could lawfully do to obtain an abortion at or after the applicable gestational age cut-off,” they wrote, citing a similar earlier case.

Missouri Attorney General Eric Schmitt said the state plans to fight the decision.

“My son Stephen has shown me the inherent beauty and dignity in all life, especially those with special needs” Schmitt said. “While we’re disappointed in the 8th Circuit’s decision, their decision does provide an avenue for this case to be heard by the Supreme Court, and we plan to seek review in the Supreme Court. I have never and will never stop fighting to ensure that all life is protected.”

A similar Mississippi law banning abortions based on gestational age is being considered by the Supreme Court.

The Supreme Court has let many decisions striking down such bans stand in recent years.

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Copyright 2021 St. Louis Public Radio. To see more, visit St. Louis Public Radio.

Sarah Fentem reports on sickness and health as part of St. Louis Public Radio’s news team. She previously spent five years reporting for different NPR stations in Indiana, immersing herself deep, deep into an insurance policy beat from which she may never fully recover. A longitme NPR listener, she grew up hearing WQUB in Quincy, Illinois, which is now owned by STLPR. She lives in the Kingshighway Hills neighborhood, and in her spare time likes to watch old sitcoms, meticulously clean and organize her home and go on outdoor adventures with her fiancé Elliot. She has a cat, Lil Rock, and a dog, Ginger.
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