Court Rules Abortion-Rights Measure to Appear on Missouri Ballot

The Missouri Supreme Court has made a significant decision, ruling on Tuesday that a proposed amendment to restore abortion rights in the state will be included on the upcoming ballot. This amendment seeks to enshrine the right to an abortion in the Missouri state constitution, thereby preventing any governmental interference related to the procedure.

If the amendment is approved, it is expected to reverse the near-total abortion ban that the state enacted in 2022. The court’s ruling came just hours before a deadline for making final changes to the November ballot.

The state Supreme Court judges directed Jay Ashcroft, the Republican secretary of state, to reinstate the proposed measure on the ballot. This came after Ashcroft had removed it, following a prior ruling by a county circuit judge that took effect on Friday.

The court’s order included explicit instructions for Ashcroft, an opponent of abortion, to “take all steps necessary to ensure that it is on said ballot.” The complete opinion from the court regarding the case was not available immediately following the ruling.

Missourians for Constitutional Freedom, the campaign advocating for the amendment, welcomed the decision. Campaign manager Rachel Sweet stated, “Missourians overwhelmingly support reproductive rights, including access to abortion, birth control, and miscarriage care,” adding that the upcoming ballot will provide an opportunity for constituents to secure these protections in the Missouri Constitution on November 5.

During the rapid proceedings on Tuesday, Mary Catherine Martin, a lawyer representing a coalition of GOP lawmakers and abortion opponents seeking to remove the amendment, claimed that the initiative petition misled voters by failing to adequately disclose all the laws restricting abortion that would be repealed if the amendment passed.

This amendment reflects a broader national initiative aimed at allowing voters to voice their opinions on abortion rights following the U.S. Supreme Court’s decision to overturn Roe v. Wade in 2022. Missouri implemented a near-total ban on abortions immediately after the ruling.

In addition to Missouri, eight other states are considering similar constitutional amendments that would guarantee abortion rights. These states include Arizona, Colorado, Florida, Maryland, Montana, Nebraska, Nevada, and South Dakota. Most of these proposals stipulate a right to abortion until fetal viability, with provisions permitting it later on for the health of the pregnant woman, aligning with the Missouri proposal.

New York is also presenting a ballot measure aimed at protecting abortion rights, although there is ongoing debate regarding the implications of this measure.

The upcoming vote on such a divisive issue could motivate a surge in voter turnout, potentially influencing key results across the board, from presidential elections in swing states to control of Congress and vital state offices. Missouri Democrats are particularly optimistic about benefiting from the support of abortion-rights advocates during the upcoming November elections.

Across the nation, legal disputes are emerging over efforts to allow voters to address these sensitive topics, focusing on the specific wording used on ballots and accompanying explanatory material. Earlier this year, Arkansas’ highest court upheld a decision to exclude an abortion rights initiative from the November ballot, agreeing with election officials that the group behind the measure had failed to properly submit required documentation regarding their signature gatherers.

In a notable trend since the Supreme Court’s decision to overturn Roe, voters in all seven states that have posed abortion-related questions on their ballots have sided with supporters of abortion rights. This pattern signifies a potential shift in public sentiment regarding reproductive rights as the national conversation continues to evolve.