KANSAS CITY, Mo. — Reproductive right activists have been in high spirits since Tuesday night with the passage of Amendment 3 in Missouri.
Now, the legal battle begins with a lawsuit.
"The fight is not over," one supporter said at Thursday night's Planned Parenthood rally.
Planned Parenthood's lawsuit against the State of Missouri asks the courts to declare the current abortion ban as unconstitutional now that Amendment 3 has passed.
But a law professor with UMKC explained it's not as simple as giving clinics the green light.
"Just like the issue was complicated [before 2022], it's complicated now," Allen Rostron said.
All of Missouri's abortion regulations that were in place before Roe V. Wade was overturned in 2022 could still be in effect once Amendment 3 is implemented on Dec. 5.
"People wouldn't be sure which laws are valid or not, so they'd like to have a court just come out and tell us which restrictions are valid and which are not," Rostron said. "That way we all know what the rules of it are."
Missouri had what Planned Parenthood calls "Trap Laws" — hyper specific regulations, like the width of hallways, that legally prevented a clinic from providing abortions.
Planned Parenthood's chief medical director explained they are hopeful to restore full access despite the previous provisions.
"These things are completely medically unnecessary; they were just there to prevent people from getting healthcare they need in their communities," Dr. Iman Alsaden said. "When we were writing the language of Amendment 3, we were very specific [in the language] making it more difficult for politicians to put trap laws into effect."
Planned Parenthood hopes Missouri clinics can start providing abortion services on Dec. 6.
But Rostron explained that's an ambitious goal for Planned Parenthood's lawsuit to pass through the court system.
"Litigation takes a long time," Rostron said. "If it's a true emergency they can speed it up, but I'd be surprised if it happened that quickly."
Missouri court records show the first case meeting in the lawsuit won't be until Feb. 27, 2025.
A spokesperson with Planned Parenthood's legal team told KSHB 41 News reporter Isabella Ledonne the court has set that as a default date, and they are confident there will be a hearing before December.
No date has been set yet.
Alsaden explained a Dec. 6. deadline is within the realms of possibility.
"I think it's feasible," Alsaden said. "I think it will depend on luck of the draw as far as the courts are concerned."
Amendment 3 was the first step in restoring abortion rights to Missouri.
But now it's up to the individual clinics statewide petitioning local courts to overrule the bans.
"The fight will never be over," Alsaden said.
KSHB 41 News reached out to Missouri Attorney General Andrew Bailey for a statement but we have not heard back.
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KSHB 41 reporter Isabella Ledonne covers issues surrounding government accountability and solutions. Share your story with Isabella.
