Abortion is still legal in Missouri. Here's what could happen if Roe v. Wade is overturned

JEFFERSON CITY — The U.S. Supreme Court may be poised to overturn the landmark 1973 decision Roe v. Wade, which established a woman's constitutional right to an abortion.

A draft opinion authored by conservative Justice Samuel Alito in February, obtained by POLITICO, calls Roe "egregiously wrong from the start" and says it and Casey v. Planned Parenthood, a 1992 case that affirmed Roe, should be overturned.

The opinion is in response to Dobbs v. Jackson Women's Health Organization, a case based out of Mississippi spurred by a state law restricting abortions.

Missouri could be one of the states most impacted by an overturning of Roe. Here's what those in the Show-Me State need to know.

Has the U.S. Supreme Court overturned Roe v. Wade?

No. The draft opinion obtained by POLITICO is just that — a draft, labeled with a date in February. The news outlet reported that four other conservative justices on the bench — Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — had voted alongside Alito. The three liberal justices are expected to write dissenting opinions, and Chief Justice John Roberts' decision is still unclear.

The legal precedent, if Roe is overturned, will only go into effect when the final opinion is issued — likely this summer. But as of today, abortion remains legal on a federal level.

Abortions would not be criminalized on a federal level under the draft opinion. Rather, the decision of whether or not to allow for the procedure would be left up to individual states. States governed by Republicans, including Missouri, view outlawing abortion as a top priority.

Is abortion currently legal in Missouri?

Yes. Abortions in Missouri are currently legal under state law up to 22 weeks into pregnancy. After 22 weeks, abortion is illegal unless the mother's life or health is threatened.

State lawmakers passed a 2019 bill, signed into law by Republican Gov. Mike Parson, that would ban abortions starting at eight weeks of pregnancy, and make no exceptions for pregnancies caused by rape or incest. Those provisions are currently not in effect under state law, as they were blocked by a federal judge in 2019 after Planned Parenthood sued the state over the measure.

A federal appeals court panel upheld that decision, but later announced it would re-hear the case in an unusual move. What followed in September 2021 was a hearing in front of the entire Eighth Circuit Court of Appeals bench of judges, who have not yet rendered a decision in the case.

The 2019 law also includes a "trigger" that bans abortion statewide if Roe is overturned by the U.S. Supreme Court. That measure goes into effect following an opinion from the attorney general, a proclamation from the governor or a concurrent resolution passed by the legislature. All three of those entities are controlled by Republicans and would likely move to enact the law immediately.

Only one clinic performing abortions remains open in Missouri, in St. Louis. The amount of procedures done within the state has fallen in recent years with limited access and efforts by state lawmakers to restrict both abortion and Planned Parenthood, which operates the St. Louis clinic.

In 2019, 1,741 legal abortions were performed in Missouri, according to data compiled by the Kaiser Family Foundation. That's the 42nd-least amount of any state.

Does Missouri have a 'trigger law' banning abortion if Roe is overturned?

Yes. All abortions outside of those performed in cases of medical emergency would be made illegal under the "Right to Life of the Unborn Child Act," which was part of the 2019 legislation passed by Republican lawmakers and signed into effect by Gov. Mike Parson.

Here is the full language from the state statute regarding Roe being overturned:

"The enactment of this section shall only become effective upon notification to the revisor of statutes by an opinion by the attorney general of Missouri, a proclamation by the governor of Missouri, or the adoption of a concurrent resolution by the Missouri general assembly that:

"The United States Supreme Court has overruled, in whole or in part, Roe v. Wade, 410 U.S. 113 (1973), restoring or granting to the state of Missouri the authority to regulate abortion to the extent set forth in this section, and that as a result, it is reasonably probable that this section would be upheld by the court as constitutional."

Attorney General Eric Schmitt said in a statement Tuesday he would be prepared to act on the law.

"We’re 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. "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."

Galen Bacharier covers Missouri politics & government for the News-Leader. Contact him at gbacharier@news-leader.com, (573) 219-7440 or on Twitter @galenbacharier.

This article originally appeared on Springfield News-Leader: What could happen to abortion in Missouri if Roe v Wade is overturned