Divided Eight Circuit Panel Upholds Preliminary Injunction Barring Implementation of Missouri's Gestational Age and Down Syndrome Abortion Bans

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The panel upheld a district court decision to preliminarily enjoin enforcement of two provisions that once again tested the distinction between outright bans on certain pre-viability abortions—which are categorically prohibited under the Supreme Court’s decision in ‘Planned Parenthood of Southeast Pennsylvania v. Casey’—and regulations that impose conditions on, but do not prohibit, pre-viability abortions.