Citing Supreme Court ruling, appeals court reinstates Missouri’s Down syndrome abortion ban

Following the U.S. Supreme Court’s decision last month to strike down Roe v. Wade, a panel of federal judges on Friday ruled in favor of an appeal that allows Missouri to prohibit abortions that are based solely on whether a baby was diagnosed with Down syndrome.

While the ruling gives the state power to proceed with enforcing its ban on Down syndrome-related abortions, the policy was already in effect after Missouri enacted a statewide trigger ban of the procedure last month following the Supreme Court ruling.

The provision banning abortions after a pre-natal Down syndrome diagnosis was tucked into the state’s 2019 law that banned the procedure after eight weeks. Reproductive Health Services of Planned Parenthood of the St. Louis Region, which operates Missouri’s sole abortion clinic, filed suit against the law in 2019.

Under the law, any doctor or person who helps perform an abortion related to a Down syndrome diagnosis is subject to civil penalties, including the loss of professional licenses.

The judgment by the 8th Circuit Court of Appeals reverses two previous rulings that kept the state from enforcing the ban since 2019 and sends the case back to the lower courts. In Friday’s ruling, the federal judges cited the U.S. Supreme Court’s decision to strike down Roe v. Wade.

“In light of Dobbs v. Jackson Women’s Health Organization...and the parties’ input, we vacate the district court’s preliminary orders from August 27, 2019 and September 27, 2019, and remand for further proceedings,” the judges wrote in Friday’s order.

Republican Missouri Attorney General Eric Schmitt, a candidate for U.S. Senate, on Monday touted his office’s role in fighting for the provision and trumpeted the ruling as a win for anti-abortion activists.

“Individuals with Down syndrome bring joy, love, and light to those around them and society as a whole. They are daughters and sons, sisters and brothers and friends. They hold jobs, play sports, and are involved in their communities. They make our world a better place,” Schmitt said in a statement.

“A pre-natal Down syndrome diagnosis should not be a death sentence, and because of our efforts, it no longer is. I’m proud to have led this fight to protect individuals with Down syndrome and uphold the sanctity of life.”

Missouri Democrats seek special legislative session

Separately on Monday, Missouri’s top state Democratic leaders requested that Republican Gov. Mike Parson convene a special session so lawmakers can pass legislation to clarify that the state’s abortion ban does not affect emergency contraception or medical emergencies like ectopic pregnancies.

In a letter sent to Parson, House Minority Leader Crystal Quade of Springfield and Senate Minority Leader John Rizzo of Independence wrote that the state’s near-total abortion ban has sparked confusion about the legality of contraceptives like Plan B and what is considered a medical emergency.

“Public statements and social media posts from your office and the attorney general’s office have also confirmed that the level of ambiguity around the law is at such an extreme level to warrant a response from the highest levels of state government,” the letter said.

Last month, Saint Luke’s Health System briefly said it would no longer provide emergency contraceptives because of Missouri’s abortion ban. By the next day, after facing enormous pressure from abortion rights advocates, the health system changed course and said it would resume providing contraception.

The health system called the law ambiguous and said it “may be interpreted as criminalizing emergency contraception.”