US EditionJurisdiction Issues Emerge in AG's Appeal of Ruling Legalizing Abortion ...
MISSOURI, JUL 22 – Missouri Attorney General challenges abortion legalization ruling, raising questions over court authority amid ongoing state legislative debates on reproductive rights.
- On July 3, a circuit judge in Jackson County issued a preliminary injunction permitting the resumption of surgical abortions in Missouri, while medication abortions remained restricted due to a separate law concerning complication care plans.
- Missouri Attorney General Andrew Bailey appealed Judge Zhang's decision and requested a fast-tracked hearing before the Missouri Supreme Court, which subsequently raised questions about its own jurisdiction and requested both parties to provide reasons supporting the court’s direct review of the appeal.
- The appeal challenges Zhang's use of the legal standard in issuing the preliminary injunction, which is non-final and based on the likelihood of plaintiffs' success and relative harm to parties, while the state argues the case belongs in Cole County.
- Spokesman Tom Bastian said the law enabling Kentucky to appeal interlocutory preliminary injunctions targeting laws likely violating the constitution was passed due to this case, and attorney Heidi Vollet confirmed the court's jurisdiction is being questioned.
- The Missouri Supreme Court's decision on jurisdiction could determine whether it hears the appeal directly or the Court of Appeals handles it first, with commentators noting the Supreme Court can bypass lower courts but may prefer not to if unnecessary.
11 Articles
11 Articles
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A shot of cards on a table at West Alabama Women’s Center in Tuscaloosa, Ala., on Friday, Feb. 10, 2023. Reproductive rights groups have resumed helping Alabamians get out-of-state abortions after a federal judge ruled that the state's threats to prosecute such aid were unconstitutional. (Vasha Hunt for Alabama Reflector)Reproductive rights groups have resumed helping Alabamians seeking out-of-state abortions after a ruling earlier this year fro…
Columbia Missourian
Branson Tri-Lakes NewsJurisdiction questions arise in Bailey's appeal of abortion ruling
The Missouri Supreme Court is asking the attorney general and abortion providers to say why they should hear the appeal.
Missouri Independent
Jurisdiction issues emerge in AG’s appeal of ruling legalizing abortion in Missouri
The Missouri Supreme Court issued a show-cause order last week asking why it should hear the appeal of a preliminary injunction that made abortion legally available in the state. The judges, shown in a Sept. 10, 2024, photo, are, from left, Kelly Broniec, Robin Ransom, W. Brent Powell, Chief Justice Mary Russell, Zel Fischer, Paul Wilson and Ginger Gooch. (Pool photo by Robert Cohen/St. Louis Post-Dispatch).The Missouri Supreme Court isn’t as re…
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