Missouri Supreme Court Questions Jurisdiction Over Abortion Ruling

Strategic Insights -

The Missouri Supreme Court has issued a show-cause order, asking why it should hear the appeal of a preliminary injunction that made abortion legally available in the state. The court's move comes after Attorney General Andrew Bailey's office requested an expedited schedule and a hearing for the appeal. The Planned Parenthood organizations suing to block enforcement of laws regulating abortion, represented by the ACLU of Missouri, agreed to an expedited schedule but suggested different hearing dates. However, instead of setting a schedule, the court has directed the attorneys to explain why it should hear arguments at all. The show-cause order's reference to the court's exclusive jurisdiction is not a question the court had to ask, according to former Missouri Supreme Court Chief Justice Mike Wolff. The order's issuance means the court is concerned about its jurisdictional authority to hear the case, and the parties will have to show cause why the court should exercise exclusive jurisdiction.

Key Takeaways:

  • The Missouri Supreme Court has issued a show-cause order, asking why it should hear the appeal of a preliminary injunction that made abortion legally available in the state.
  • The court's move is in response to Attorney General Andrew Bailey's office requesting an expedited schedule and a hearing for the appeal.
  • The Planned Parenthood organizations suing to block enforcement of laws regulating abortion, represented by the ACLU of Missouri, agreed to an expedited schedule but suggested different hearing dates.
  • The court's concern is centered on its exclusive jurisdiction to hear the case, and the parties will have to show cause why the court should exercise this authority.
  • This is not the first time the question of jurisdiction has been raised in this case; in May, the court issued a writ ordering the circuit judge to withdraw two previous preliminary injunctions.
  • The new law allowing the state to appeal preliminary injunctions that block enforcement of laws has been in effect since April 24.

Statistical Context:

  • The abortion ruling was made by Jackson County Circuit Judge Jerri Zhang on July 3.
  • The Planned Parenthood clinics in St. Louis, Columbia, and Kansas City are providing appointments for women seeking surgical abortions.
  • Medication abortions are not currently offered by the clinics due to the lack of enforcement of a law requiring complication plans for women who experience issues after taking the drugs.
  • The state has not signed off on a complication plan submitted earlier this year.

Sources:

  • Missouri Supreme Court: "Show Cause Order" dated unspecified.
  • Missouri Independent: "Missouri abortion rights amendment trumps most restrictions, judge rules" by unspecified author, published July 3, 2025.
  • ACLU of Missouri: "Missouri Supreme Court is correct to seek the parties' positions to the question of jurisdiction" by Tom Bastian, published unspecified.
  • Missouri Independent: "Missouri Supreme Court asked for quick hearing on decision to restart abortions in the state" by unspecified author, published July 16, 2025.
  • Missouri Independent: "Missouri Supreme Court order reinstates 'de facto abortion ban' across the state" by unspecified author, published May 27, 2025.
  • Missouri Independent: "Missouri lawmakers approve bill targeting pending abortion lawsuit" by unspecified author, published April 14, 2025.