3 days ago
Missouri judge vacates abortion rulings after state Supreme Court order
KANSAS CITY, Mo. — Just one day after the Missouri Supreme Court ordered a Jackson County judge to vacate injunctions that , the judge has complied — officially pulling back those protections.
But what happens next is anyone's guess.
As FOX4 reported Tuesday night, this case is complex — and now we're beginning to understand why.
Veteran trial and appellate court Attorney David Larson says the judge's original injunctions were tossed because the state's highest court determined she used the wrong legal standard.
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'The procedural vehicle in which the Supreme Court acted was through what's called an extraordinary writ process,' Larson explained.
That extraordinary step has transformed what was already a politically charged issue into a full-blown legal showdown.
The roots of the fight go back to November, when Missouri voters passed Amendment 3, enshrining abortion rights into the state constitution.
The state quickly filed suit to challenge the amendment, and a Jackson County judge issued two injunctions aimed at preserving those rights while the case played out in court.
But the Missouri Supreme Court ruled that the judge applied outdated legal criteria when issuing those temporary protections.
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'Her responsibility will be then to — to do what she needs to do or what she believes is necessary and appropriate to apply the standards that the Supreme Court has instructed her to follow,' Larson said.
Under the new standard, any future rulings must pass a strict four-part test, including showing that abortion rights advocates would suffer irreparable harm and have a strong chance of winning the case.
That legal shift stems from recent changes in how the 8th Circuit Federal Court of Appeals — which includes Missouri — handles injunctions involving challenges to state laws.
'The 8th Circuit had a prior set of standards to apply. They then subsequently changed that and updated that, and the Supreme Court in its ruling Tuesday elected to be governed by the more recent case,' Larson said.
What comes next isn't clear. The judge could bring both sides back into court for arguments, or she might simply apply the new legal standard and issue a fresh ruling without another cautions that even if the standard is applied correctly, there's no guarantee the judge will reissue the injunctions.
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So far, there's no timeline for when a new decision might come — or how it could impact abortion access in Missouri moving forward.
Stay with FOX4 for continuing coverage.
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