State's law on abortion could be triggered if Roe v. Wade falls

If U.S. Supreme Court justices effectively invalidate Roe v. Wade, the landmark 1973 7-2 decision legalizing abortion, a 2019 law passed by Missouri's General Assembly could be triggered -- which would prohibit the procedure to women after eight weeks of pregnancy.

History

On May 15, 2019, state senators approved House Bill 126, titled "Missouri Stands for the Unborn Act," introduced by Rep. Nick Schroer of O'Fallon, Missouri, on a 24-10 vote.

Among those voting in favor was then-Sen. Wayne Wallingford of Cape Girardeau.

Two days later, on March 17, the state House also gave its approval to Schroer's bill, 108-46.

Area representatives Barry Hovis, Rick Francis, Holly Thompson Rehder and Kathy Swan voted in the affirmative.

Swan is no longer in the legislature and Thompson Rehder took Wallingford's former senate seat.

Wallingford is now the director of the state department of revenue.

On May 24, Gov. Mike Parson signed the legislation into law but it did not go in effect.

The day before the bill was to be implemented, a federal judge blocked it, arguing many of the measure's provisions violate Roe v. Wade.

Since mid-2019, the measure has been before the U.S. Eighth Circuit Court of Appeals.

Among the 21 co-sponsors of Schroer's bill was District 146 Rep. Barry Hovis of Whitewater.

Hovis told the Southeast Missourian on Tuesday he remains a backer of the legislation.

"I did vote for the heartbeat bill three years ago and still support it," said Hovis, a former Cape Girardeau police officer first elected in 2018, adding a concern about the leak of the high court's decision effectively repealing Roe.

"Whoever did this is using it as a political tool or leverage to motivate one side or the other for upcoming elections and politicizing the courts."

Provisions of HB 126

In addition to outlawing abortion after eight weeks, except for medical emergencies, there is no specific exception for rape or incest, according to the language of the Schroer's bill, available to view at www.house.mo.gov.

Republican Rep. Jamie Burger of Benton (D-148), right, is seen shaking hands with Gov. Mike Parson, left, following the latter's Jan. 19 State of the State address to lawmakers in Jefferson City.Southeast Missourian file

Women who undergo a procedure to end a pregnancy will not be prosecuted but abortion providers will be guilty of a Class B felony plus either suspension or revocation of professional licenses.

A Class B felony carries a penalty of not less than five years and no more than 15 years in prison.

"While repeal of Roe is not a certainty until the Supreme Court rules, I will evaluate ramifications of the (2019 law) and can elaborate further if Roe v. Wade is overturned or modified," Hovis said.

According to reports, there were 29 abortion clinics in Missouri in 1982, dropping to 12 in 1992. Today there is only one, Planned Parenthood.

A total of 24 bills related to abortion were introduced in the current regular session of the General Assembly.

All bills not granted final passage by 6 p.m. Friday, when lawmakers adjourn for the summer, are effectively dead and would have to be introduced in the next General Assembly session.