Missouri Supreme Court Upholds Abortion Measure

Attacks on abortion are inherently bound up in attacks on our democracy.

Abortion bans are more possible because our democracy is so fragile. Extremists consistently use undemocratic means to drive forward an unpopular antiabortion, anti-freedom agenda. https://t.co/l5v20zu5IN

— Fatima Goss Graves (@FGossGraves) September 10, 2024

The Missouri Supreme Court ruled Tuesday that a proposed amendment to enshrine abortion rights in the state constitution will remain on the November ballot. The court’s decision overturned a lower court’s ruling that had recommended the measure be removed from the ballot. The court ordered Secretary of State Jay Ashcroft to certify Amendment 3 for the November 5, 2024, general election ballot and ensure it is included in the voting materials.

This decision came just hours before the constitutional deadline to remove a question from the ballot.

ICYMI: Busy day of oral arguments today at the Nebraska Supreme Court for the ballot initiative seeking the boost abortion rights and one seeking to protect restrictions.

Our preview from this weekend @NE_Examiner:https://t.co/zuFBUjQEbR

— Aaron Sanderford (@asanderford) September 9, 2024

“This fight was not just about this amendment—it was about defending the integrity of the initiative petition process and ensuring that Missourians can shape their future directly,” said Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, in a statement. In response to the court’s ruling, Ashcroft, who had attempted to decertify the measure the night before the hearing, was cited for missing the statutory deadline to change his mind.

The judges deemed his late decision to decertify as null and void. The court’s ruling followed a lawsuit filed by anti-abortion lawmakers and activists, led by state Sen. Mary Elizabeth Coleman, state Rep.

The Missouri Supreme Court ruled that Amendment 3, which would codify expansive abortion rights within the Missouri Constitution, must be placed on the state ballot. @BaptistPress https://t.co/lT5LJeXw8u

— Thomas S. Kidd (@ThomasSKidd) September 10, 2024

Hannah Kelly, and activist Kathy Forck. They argued that the amendment did not meet the sufficiency requirement since it failed to include any current laws that would be repealed.

Missouri court affirms abortion measure

Nevertheless, the Missouri Supreme Court ruled in favor of Missourians for Constitutional Freedom, stating that the initiative petition process had been followed correctly. If passed by a simple majority, Amendment 3 would legalize abortion up until fetal viability and protect other reproductive rights, including birth control. This change would override Missouri’s current total abortion ban, which allows limited exceptions for medical emergencies.

“This decision means that we deserve to be on the ballot,” said Tori Schafer, an attorney with the ACLU of Missouri. “People deserve to make this decision for themselves.”

Still, the decision has faced significant opposition. Mary Catherine Martin, an attorney with the Thomas More Society, called the Supreme Court’s decision a “failure to protect voters” and urged Missourians to scrutinize the amendment.

Anti-abortion activist Forck vowed to continue informing Missourians about what she considers the dangers of the amendment, while the Missouri Republican Party decried the ruling as the most severe threat to the state’s pro-life laws. In contrast, Democratic candidates welcomed the ruling and urged voters to overturn Missouri’s stringent abortion ban. “Voters will overturn Missouri’s cruel ban that has zero exceptions for rape and incest,” said Crystal Quade, the Democratic nominee for governor, adding that the state deserves a governor committed to protecting voters’ rights.

With the general election only eight weeks away, the atmosphere is charged as both supporters and opponents of the amendment mobilize their campaigns. Missourians will cast their vote on Amendment 3 on November 5, with the outcome likely to have significant implications for abortion rights in the state.