Federal Judge Denies Stay of Injunction of 20 Week Abortion Ban

For the second time in three weeks, a federal judge has blocked HB 126's 20-week abortion ban from going into effect. Previously, U.S. District Judge Howard Sachs had issued a temporary restraining order on the provisions of HB 126, also known as the "Missouri Stands for the Unborn Act", that would bar abortions at eight, 14, 18, and 20 weeks.
 
The Missouri Attorney General's office, on behalf of the state, appealed the decision to the Eighth Circuit Court of Appeals. However, the AG's Office also asked Judge Sachs to reinstate the 20-week ban during the appeals process. Judge Sachs again denied the request, stating that an "obedient judge" is obligated to recognize the "right under the Constitution for women to make the ultimate decision regarding abortion of non-viable fetuses."
 
While the injunction on gestational age bans is still in effect, Judge Sachs' original order did allow the "reason ban" - banning abortions based on sex, race, and Down Syndrome diagnosis - to go into effect. That provision, along with the other portions of HB 126, went into effect at the end of August.

September 23, 2019 - 1:12pm
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