The Missouri Supreme Court has transferred a case involving Planned Parenthood's challenge to state abortion laws to the Missouri Court of Appeals, ruling that it lacks jurisdiction to hear appeals of preliminary injunctions.
In an opinion issued Aug. 12, 2025, the state's highest court held in *Comprehensive Health of Planned Parenthood Great Plains v. State of Missouri* that it cannot exercise exclusive appellate jurisdiction until a circuit court makes a final ruling on the constitutional validity of challenged statutes. The Honorable Jerri Zhang of the Jackson County Circuit Court had partially granted Planned Parenthood's motion for a preliminary injunction against certain abortion-related state statutes and regulations.
"Because the circuit court has entered only a preliminary ruling subject to modification and has yet to rule on the constitutional validity of any of the challenged statutes, this Court lacks exclusive appellate jurisdiction pursuant to article V, section 3 of the Missouri Constitution," the court wrote.
The case stems from Missouri voters' approval of a constitutional amendment in November 2024 that significantly expanded reproductive rights in the state. The amendment, codified as article I, section 36 of the Missouri Constitution, prohibits the government from denying or infringing on an individual's right "to make and carry out decisions about all matters relating to reproductive healthcare."
Following the amendment's passage, Comprehensive Health of Planned Parenthood Great Plains and Planned Parenthood Great Rivers – Missouri filed a declaratory judgment action in Jackson County Circuit Court against the state and various state officials. The organizations sought a declaration that existing state laws and regulations were unconstitutional in light of the new constitutional amendment.
The circuit court partially sustained Planned Parenthood's motion to enjoin enforcement of the challenged provisions while the litigation proceeds. The State of Missouri appealed this preliminary injunction directly to the state supreme court.
However, the Missouri Supreme Court determined that appellate jurisdiction properly lies with the intermediate court of appeals for preliminary rulings. Under Missouri's constitutional framework, the supreme court's exclusive jurisdiction is limited to cases involving final determinations of constitutional validity.
The jurisdictional transfer reflects the procedural complexities that often arise in constitutional challenges to state laws. Preliminary injunctions, while significant in their immediate impact, are interlocutory orders that do not constitute final judgments on the underlying constitutional questions.
The November 2024 constitutional amendment represents a significant shift in Missouri's approach to reproductive rights. The measure was part of a broader national trend following the Supreme Court's decision in *Dobbs v. Jackson Women's Health Organization*, which overturned *Roe v. Wade* and returned abortion regulation to individual states.
Missouri had maintained some of the nation's most restrictive abortion laws prior to the constitutional amendment. The state had effectively banned most abortions through a combination of statutory restrictions and regulatory requirements that made the procedure largely inaccessible.
The Planned Parenthood organizations involved in the case operate healthcare facilities that provide reproductive services across Missouri and neighboring states. Comprehensive Health of Planned Parenthood Great Plains serves patients in Missouri, Kansas, Arkansas, and Oklahoma, while Planned Parenthood Great Rivers – Missouri focuses on the eastern portion of the state.
The transfer to the court of appeals means the case will proceed through the intermediate appellate level before potentially reaching the state supreme court on final appeal. This procedural path is typical for complex constitutional challenges that involve both preliminary relief and ultimate determinations of law.
The Missouri Court of Appeals will now consider whether the circuit court properly granted the preliminary injunction against enforcement of the challenged abortion statutes and regulations. The appeals court will evaluate whether Planned Parenthood demonstrated the necessary elements for preliminary relief: likelihood of success on the merits, irreparable harm, and that the balance of hardships favors the movant.
Meanwhile, the underlying constitutional challenge will continue in the Jackson County Circuit Court, where Judge Zhang will ultimately determine whether the existing state laws and regulations comply with the newly adopted constitutional amendment protecting reproductive healthcare decisions.
The case highlights the ongoing legal battles over abortion rights that continue to play out in state courts across the nation. As states navigate the post-*Dobbs* landscape, constitutional amendments like Missouri's are creating new legal frameworks that require courts to reexamine existing statutory schemes.
The State of Missouri has not indicated whether it will seek further review of the supreme court's jurisdictional ruling or focus its efforts on the substantive appeal now proceeding in the court of appeals. The timeline for resolution of both the preliminary injunction appeal and the underlying constitutional challenge remains unclear.