¶ Reproductive Rights
¶ Post-Roe Leak
Eric Schmitt Said He Had Argued In Court For Overturning Roe V Wade. Eric Schmitt tweeted, “I’ve argued it in court briefings…Overturn Roe v Wade.” [Twitter, @Eric_Schmitt, 5/2/22]
[AUDIO] Eric Schmitt Said As A Consequence Of Potential Supreme Court Decision Overturning Roe V. Wade He Would Issue An Opinion Banning Abortion In Missouri. “But Missouri. Yeah, that's exactly what would happen. And there's three ways that that would be triggered. So if Roe v. Wade if Roe v. Wade is overturned, there's three ways it's triggered a resolution from the governor stating that or proclamation from the governor stating that the General Assembly issuing a resolution or the attorney general happens to be me issuing an opinion that Roe v. Wade is overturned. And I've already today, because we were being asked came out that I will move immediately to issue that opinion so that that is the practical outcome in Missouri. Every state's a little bit different. Not every state has what's called a trigger law like we have in Missouri. So once Roe v. Wade wrote, Roe versus Wade would be overturned, I would issue the opinion. And then, yeah, that's that is the consequence. So it'll be it'll be a great day for the pro-life community that's fought for this for a very, very long time, because ultimately the Roe decision was flawed. There's no constitutional right to an abortion. You can't find that anywhere in the Constitution. The Supreme Court made it up out of thin air in 1970 to 50 years ago. And because of that, because of that, the court would likely rule in this case and the DOD's case that that was not based on, you know, the Constitution or any law and therefore it's up to the states now is a political question, as it should have been all along for 50 years, for states to decide how they want to handle this incredibly controversial topic. And even Ruth Bader Ginsburg had talked about how, you know, seven people are I'm sorry, not this Missouri Supreme Court, nine people deciding this issue in 1972 for the entire country, OK, was a huge mistake. And that's really what this would get back to the states would would decide Missouri would have their laws related to it. Illinois would have their laws. Arkansas would have their laws, you know, associated with it, so that that would be the practical result.” [The Annie Frey Show, St. Louis, MO, 05/04/22]
[AUDIO] Eric Schmitt Said He “Agreed” With Missouri Decision And Pointed Out His Role As a Plaintiff In The Case. “I mean, I don't think people really comprehend what a disaster this is going to be for the court. I mean, the internal workings, I mean, first of all, I agree with the decision. That's ultimately what it comes down with in Missouris, one of the states advocating for that ultimate result in the briefing, in the filing.” [The KWOS Morning Show with Austin Petersen and John Marsh, MO, 5/6/2022]
¶ Post-Roe Enforcement Of Missouri Abortion Ban
In Response To Supreme Court Ruling Overturning Roe V Wade, Eric Schmitt Put “Trigger Law” Into Effect Banning Abortion In Missouri, Including In Case Of Rape Or Incest. “Attorney General Eric Schmitt has signed a proclamation putting Missouri's trigger law into effect. He tweeted this morning, ‘Following the SCOTUS ruling overturning Roe v. Wade, Missouri has just become the first in the country to effectively end abortion with our AG opinion signed moments ago. This is a monumental day for the sanctity of life.’ Missouri's trigger law is a near-complete ban on abortions, including cases of rape and incest. The law allows for abortions only in medical emergencies that immediately threaten the pregnant person's life or will create irreversible physical impairment of a major bodily function.” [KTVI (FOX), 6/24/22]
In Response To Supreme Court Ruling Overturning Roe V Wade Eric Schmitt Tweeted, “Missouri Has Just Become The First In The Country To Effectively End Abortion With Our AG Opinion Signed Moments Ago.” AG Eric Schmitt tweeted, “🚨 BREAKING 🚨 Following the SCOTUS ruling overturning Roe v. Wade, Missouri has just become the first in the country to effectively end abortion with our AG opinion signed moments ago. This is a monumental day for the sanctity of life.”[Twitter, @AGEricSchmitt, 6/24/22]
Eric Schmitt Enforced Abortion Ban In Missouri Within “Six Minutes” Of Roe V Wade Being Overturned. According to Springfield News-Leader, “Six minutes after the U.S. Supreme Court released its decision striking down Roe v. Wade, Missouri Attorney General Eric Schmitt posted a photo of himself signing a legal opinion to trigger the state’s abortion ban. The lightning-fast action by Schmitt, a Republican candidate for U.S. Senate, instantly drew national attention and allowed him to claim credit for ending abortion in Missouri as he fights to win a crowded primary race. But many of the consequences of that moment — for women, for doctors and for Schmitt — are still uncertain. Missouri now forbids abortion in nearly all circumstances, including in cases of incest and rape, under a 2019 law that was designed to go into effect when Roe v. Wade was overturned. Only medical emergencies are grounds to end a pregnancy. That single exception opens the door to greater scrutiny by law enforcement of any abortion a doctor says was required because of a medical emergency. Missouri law gives both the state attorney general and local prosecutors authority to prosecute abortion-related crimes.” [Springfield News-Leader, 6/28/22]
Eric Schmitt Announced, With Five Weeks Left Before Missouri Republican Senate Primary Schmitt Promised To “Continue The Fight To Protect All Life, Born And Unborn.” According to Springfield News-Leader, “Just five weeks before the August primary vote when Schmitt will need to win over fervently anti-abortion Republican voters, the Missouri attorney general is now empowered to investigate potential violations of the ban. ‘My Office has been fighting to uphold the sanctity of life since I became attorney general, culminating in today’s momentous court ruling and attorney general opinion,’ Schmitt said in a statement on Friday. ‘I will continue the fight to protect all life, born and unborn.’ Schmitt didn’t elaborate on what shape his continued fight would take. Six Republicans are running competitive campaigns for U.S. Senate. Schmitt, a former state senator and Missouri treasurer, has consistently polled among the top three candidates, along with former Gov. Eric Greitens and U.S. Rep. Vicky Hartzler. Greitens has touted an anti-abortion special session he called as governor, while Hartzler has a long relationship with social conservatives going back more than a decade.” [Springfield News-Leader, 6/28/22]
Eric Schmitt Could Overrule Local Prosecutors Who Decline To Enforce Missouri Ban On Abortion. According to Springfield News-Leader, “Some local prosecutors, including Jackson County Prosecutor Jean Peters Baker, a past chair of the Missouri Democratic Party, and St. Louis County Prosecuting Attorney Wesley Bell, also a Democrat, have indicated they won’t bring abortion cases or are highly unlikely to do so. Peters Baker has said she will use her discretion to limit the ‘erosion’ of reproductive rights. Schmitt, on the other hand, has committed to enforcing abortion laws. ‘In the last couple of years, I wouldn’t be at all surprised to see an ambitious attorney general running in a Republican primary second-guessing decisions and wanting to investigate all of these,’ Chuck Hatfield, a Jefferson City-based attorney who has represented Planned Parenthood, said, referring to abortions. State Sen. Mike Cierpiot, a Lee’s Summit Republican, said the 2019 law ‘clearly is targeted at doctors that perform abortions.’ ‘I think that’s where probably their efforts will be as we go forward,’ Cierpiot said of the Missouri Attorney General’s Office. ‘It’s kind of early so we’ll see how this all shakes out. But I think that’s where they’ll be.’” [Springfield News-Leader, 6/28/22]
Missouri Department Of Health And Senior Services Found To Have Ability To Prosecute Women For Abortions, Including Self Induced Abortions. According to Springfield News-Leader, “Missouri already collects a significant amount of information about every abortion performed by a physician that could provide a starting point for Schmitt or other prosecutors. After each abortion, doctors must sign a Report of Induced Termination of Pregnancy that is sent to the Missouri Department of Health and Senior Services (DHSS). A blank report posted to the DHSS website doesn’t include a space for the patient’s name, but calls for a host of other information, including the patient’s race, education level, and past pregnancy and abortion history. The form also includes space for the date of the patient’s last normal menses and a clinical estimation of the gestational age. If the abortion was performed on a viable fetus, the signature of a concurring physician is required as well as a signed statement from the physician certifying the medical necessity of the procedure. Missouri’s abortion ban prohibits the prosecution of women who seek or obtain abortions for the crime of conspiracy. Peters Baker told NPR on Monday she believes the law still allows women to be prosecuted for self-inducing an abortion, though she acknowledged disagreement on that point. ‘I think she’s thrust into some grade of homicide or manslaughter,’ Peters Baker said. Michael Mansur, a spokesman for Peters Baker, told The Star that a lot remains unknown about how abortion could potentially be prosecuted. ‘There’s so much more for us to figure out,’ Mansur said, adding that the language in the law raises ‘big questions’ about whether women are actually shielded. During a legal fight with Planned Parenthood in 2019, DHSS revealed it was able to find patients with complicated abortions by creating a spreadsheet that included the fetus’ gestational age and the last normal date of Planned Parenthood patient’s periods.” [Springfield News-Leader, 6/28/22]
Office Of Missouri Attorney General Eric Schmitt Declined To Say If They Had Access To “Report Of Induced Termination Of Pregnancy.” According to Springfield News-Leader, “Schmitt spokesman Chris Nuelle didn’t answer a specific question about whether the Missouri Attorney General’s Office currently has access to Induced Termination of Pregnancy reports and, if so, whether the office would review the reports going forward. ‘We will dedicate the resources necessary to enforce Missouri’s abortion laws,’ Nuelle said in a statement. ‘We have worked cooperatively with DHSS to enforce abortion laws in the past, and expect that cooperation to continue. We will review and consider whatever referrals are made by DHSS to our office.’ DHSS spokeswoman Lisa Cox didn’t respond to questions about under what circumstances information on the forms is shared with law enforcement and prosecutors. On its website, DHSS says the information on the form is ‘confidential and is only used for statistical purposes.’ The website doesn’t address whether the reports could be subject to a subpoena or warrant.” [Springfield News-Leader, 6/28/22]
Eric Schmitt Described As Potentially Turning To “Attention Seeking” Litigation To Enforce Abortion Law. According to Springfield News-Leader, “Even if Schmitt doesn’t immediately investigate or prosecute physicians, he may still turn to a frequently-used tactic: litigation. Some St. Louis officials are proposing to use federal COVID-19 aid to provide logistical support for access to abortion, including transportation and child care, St. Louis Public Radio reported. Federal law prohibits public dollars from funding abortion and the aid wouldn’t directly pay for the procedure. St. Louis was home to Missouri’s sole remaining abortion clinic. Abortion remains legal in Illinois, however, and Planned Parenthood operates a clinic in nearby Fairview Heights. Abortion is also legal in Kansas and offered at a Planned Parenthood clinic in Overland Park Samuel Lee, a lobbyist for Campaign Life Missouri, said Schmitt should sue to block the St. Louis plan if it’s approved. He argues it would violate state law. But Democrats, and even some Republican critics, have criticized Schmitt for filing publicity-seeking lawsuits. Schmitt filed scores of lawsuits over the past year, most aimed at school districts and local governments, attacking mask mandates and vaccine requirements. The vast majority were dismissed after health rules were dropped. To some critics, the signing of the legal opinion within minutes of the U.S. Supreme Court decision only underscored their view that his primary goal is attention. ‘I think he’s trying to grasp at anything he can after losing lawsuit after lawsuit and fighting against simple requirements like masks that save our children and keep them safe in schools,’ said state Rep. Patty Lewis, a Kansas City Democrat. The 2019 Missouri law that includes the abortion ban allows it to be triggered by either a legal opinion from the attorney general or a proclamation of the governor. Schmitt announced he had signed the legal opinion roughly 45 minutes before Parson’s proclamation landed in email inboxes. James Harris, a Jefferson City-based Republican consultant with longtime ties to Parson, predicted more voters would give credit to the governor for signing the 2019 law. Still, the attorney general’s quick action may help him with some voters. ‘I think it helps the attorney general because he can show acting on something that mattered and not hesitating,’ Harris said. ‘But there’s a lot of other issues that voters will be sifting through over the next five weeks to try to figure out who do I feel comfortable voting for?’” [Springfield News-Leader, 6/28/22]
[VIDEO] Eric Schmitt Said Pro Choice Protestors Should Be Investigated In A Similar Way To January 6th Insurrection. “Schmitt was then shown footage of protests outside the Arizona Capitol and was asked if he thinks it was an insurrection attempt and if it should be investigated as closely as January 6th. Schmitt responded, ‘Yeah! Absolutely! Look, the mainstream media, they're so hypocritical on this. I’m glad you guys are showing it because you don't see it in many other places. These folks are radical. Look at the ‘mostly peaceful protests' that involved burning down federal buildings during the riots in 2020. There's hardly any coverage. You have the media essentially apologizing for these folks acting like it's mostly peaceful. No one buys this stuff anymore. People are tired of it. They're tired of the dishonesty, but the mainstream media… they excuse it because they agree with them. That's not what you should be doing, you should be condemning this kind of violence but they're not doing it. They're trying to intimidate members of the Supreme Court. This is the kind of stuff that our State Department, by the way, would be concerned about in another country. Yet, you don't hear anything from our Department of Justice about this. Garland should be prosecuting the people who are outside the Supreme Court justices’” [Newsmax: John Bachman Now, 6/27/22]
[VIDEO] Eric Schmitt Declined To Criticize Harsh Abortion Restrictions In South Dakota And Said Missouri Was The First State In The Country To Ban Abortion Post Roe V. Wade. “Schmitt was then shown clips of Kristi Noem’s comments regarding abortion [...] After being shown the clips, Schmitt was asked if he thinks Republicans can go too far with abortion restrictions and if he supports the limitations Kristi Noem talked about. Schmitt responded, “I think we need to be unapologetically pro-life here and Missouri was the first state when Roe v. Wade came down, we have a trigger law, and as Attorney General, I issued an opinion less than an hour after that, effectively ending abortion in Missouri. We were the first state to do that and Missouri has had a strong tradition of that until Roe v. Wade, which as Justice Alito said, the minute it was issued was on a collision course with the Constitution. The court correctly decided that and essentially handed this back to the states. So, states like Missouri and South Dakota and other states are going to be you know, unabashedly pro-life and protect the sanctity in the dignity of every life. That's where we're at. I mean, the Democrats have been radicalized here. To our east in Illinois, partial-birth abortion is completely legal. I mean, they're looking at going even further. So, we're going to have a robust debate in this country. It's actually how this thing should have been all along until nine unelected justices took that away from everybody, the people. We're back to where we should always be, Missouri is a pro-life state, and we were the first state to, you know, effectively end abortion.” [Newsmax: John Bachman Now, 6/27/22]
[AUDIO] Eric Schmitt Claimed That Women Would Not Be Prosecuted For Seeking An Abortion In Missouri. “Well, I guess between Tim Gardener and Wesley Bell, they've, you know, generally refused, especially Vanguardia refused to prosecute violent crime in their jurisdictions. That's unfortunate. But look, women are not prosecuted under the Missouri state law, so I don't really know what he's talking about exactly. I don't really know a provider, a provider could be. And maybe because there's not a provider in St. Charles County, he can sign on with all these other woke prosecutors and look like he's doing something. I don't know.” [The Mark Reardon Show, MO, 6/27/2022]
Missouri Hospital Resumed Prescription Of Emergency Contraceptives Following Eric Schmitt’s Statement That Missouri Abortion law Did Not Ban Contraceptives. According to Missouri Independent, “After at least one hospital system in Missouri stopped providing emergency contraception because of ambiguity in the state’s abortion ban, Attorney General Eric Schmitt’s office clarified Wednesday that contraception is not prohibited under state law. ‘Missouri law does not prohibit the use or provision of Plan B, or contraception,’ said Chris Nuelle, a spokesman for Schmitt. The Kansas City Star first reported late Tuesday night that Saint Luke’s Health System in Kansas City was no longer providing emergency contraception, citing the ‘ambiguous’ nature of Missouri’s trigger ban. Following Schmitt’s comments Wednesday, the health system released a statement saying it would resume providing them to its patients. ‘However, the ambiguity of the law and the uncertainty even among state officials about what this law prohibits continues to cause grave concern and will require careful monitoring,’ the statement says. ‘This is especially true because the penalty for violation of the statute includes the criminal prosecution of health care providers whose sole focus is to provide medically necessary care for their patients.’” [Missouri Independent, 6/29/22]
Eric Schmitt Threatened To Sue The City And County Of St Louis For Funding Travel To Obtain An Abortion In States Where It Remains Legal. According to St. Louis Post-Dispatch, “Missouri Attorney General Eric Schmitt said Friday he intends to file suit to block any plans approved by St. Louis and St. Louis County officials to spend public money to help residents get abortions in Illinois or other states. Schmitt cited a state law that bars any public funds from being used ‘for the purpose of performing or assisting an abortion’ not necessary to save the life of the mother or to encourage or counsel a woman to have an abortion. Legislation pending before the city Board of Aldermen and County Council would set aside $1 million apiece in federal American Rescue Plan Act money to fund transportation, child care and other logistical support for women wanting to access abortion in states where the practice remains legal. ‘Using hard-earned taxpayer dollars, whether it be ARPA funds or other forms of revenue, to fund abortions is plainly illegal under Missouri law,’ Schmitt said in a statement. Schmitt issued the statement as he entered the final month of his campaign for the Republican U.S. Senate nomination against several other well-known candidates.” [St. Louis Post-Dispatch, 7/1/22]
St Louis County Officials Promised To Combat Potential Legal Challenges By Eric Schmitt. According to St. Louis Post-Dispatch, “St. Louis County Executive Sam Page, who endorsed the county proposal, also is in the middle of an election fight as he tries to fend off challenger Jane Dueker in the Aug. 2 Democratic primary. Page on Wednesday noted that the county plan wouldn’t be spent on any abortion procedure or be used to encourage or counsel a procedure. Similar wording is in the city bill, which is supported by Mayor Tishaura O. Jones, also a Democrat. On Friday, Page spokesman Doug Moore said ‘we care about the health and safety of women. The AG has made it clear he does not. A court can decide on what is proper funding.’ Jones on Friday said ‘the only thing Eric Schmitt loves more than wasting taxpayer dollars on his Senate campaign is attacking St. Louis families and our fundamental right to make our own private health care decisions.’” [St. Louis Post-Dispatch, 7/1/22]
Eric Schmitt Threatened To Sue The City Of Kansas City Which Promised To Reimburse City Officials Who Need To Travel Interstate For Abortion. According to St. Louis Post-Dispatch, “The two measures were a response to Missouri’s abortion ban that was activated by the U.S. Supreme Court’s ruling last week to overturn the Roe v. Wade decision. Schmitt in his statement also referred to a city ordinance passed Thursday in Kansas City that could reimburse city employees who need to travel to have an abortion. Kansas City Mayor Quinton Lucas told reporters Thursday that the way Kansas City’s legislation was written does not ‘welcome a legal challenge.’” [St. Louis Post-Dispatch, 7/1/22]
[VIDEO] Eric Schmitt Promised To Sue Cities Which Promised To Pau Employees To Travel Out Of State For Abortions. “Schmitt was then asked about how he plans to sue cities that pay for employees to travel out of state for abortions and was asked if he plans on suing private companies as well. Schmitt responded, ‘Well got to make sure that we, you know, under Missouri state law, it is illegal to use public funds for abortions so these woke mayors in St. Louis and Kansas City have talked about doing it. By the way, it’s ridiculous, it’s illegal, we're going to sue them.’” [Fox Business: Varney and Co., 7/8/22]
[VIDEO] Eric Schmitt Said Companies Which Offered Financial Reimbursements For Employees Travelling To Other States To Obtain Abortions Had “Messed Up” Priorities. “I also think it’s interesting that you got companies now willing to do that, but they won’t take care of, you know, their employees as it relates to, you know, leave to take care of their family and support their families, but they’re willing to pay for abortions or traveling out of state. I think the priorities are really messed up. People ought to be paying attention to this. But Stuart, one thing that’s really important to note here is, the pro-life movement, this is a big victory. It took 50 years. 50 years of prayers and hard work and we got Roe v. Wade overturned. I signed the opinion that made Missouri the first to effectively end abortion. That was a lot of hard work. So what do the Democrats do? They threaten to pack the court, they want to eliminate the court. They’re, you know, trying to assassinate Supreme Court justices. These folks are nuts. Conservatives, we have to continue to support families and support the sanctity of life and every turn.” [Fox Business: Varney and Co., 7/8/22]