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ST. LOUIS RECORD

Wednesday, September 18, 2024

Mo. Supreme Court rules abortion amendment will be on Nov. ballot

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JEFFERSON CITY — The Missouri Supreme Court ruled that a proposed amendment to restore abortion rights will be included on the state's November ballot.

The amendment seeks to enshrine the right to an abortion in the Missouri Constitution, effectively prohibiting government interference in abortion access. 

If voters approve the measure, it would overturn Missouri's 2022 near-total abortion ban.

The Supreme Court's decision came just hours before the deadline to change the November ballot.

The court ordered Missouri's Secretary of State, Jay Ashcroft, to reinstate the measure after he had removed it Monday following a county circuit judge’s ruling last Friday.

The Supreme Court's order noted that Ashcroft must take all necessary actions to ensure the amendment appears on the ballot. 

Missourians for Constitutional Freedom, the organization backing the amendment, welcomed the court’s ruling. 

Campaign manager Rachel Sweet stated that Missourians support reproductive rights, including abortion, birth control and miscarriage care. 

"Missourians overwhelmingly support reproductive rights, including access to abortion, birth control and miscarriage care," Sweet said in a provided statement. "Now, they will have the chance to enshrine these protections in the Missouri Constitution on November 5."

Sweet said the fight wasn't just about the amendment but also about defending the integrity of the initiative petition process and ensuring that Missourians can shape their future directly.

Mary Catherine Martin, an attorney representing Republican lawmakers and abortion opponents, however, disagreed with the decision and argued that the amendment misled voters by failing to list all existing abortion restrictions it would repeal. 

The Missouri Republican Party also issued a statement regarding the ruling, noting they were not pleased with the ruling.

"This ruling marks the most dangerous threat to Missouri’s pro-life laws in our state’s history," the statement noted. "Make no mistake — this amendment, bankrolled by radical out-of-state interest groups, is a direct assault on Missouri families and the values we hold dear."

Last month, a group of anti-abortion lawmakers and activists sued Ashcroft after he certified Amendment 3 for the ballot. 

The plaintiffs, including state Sen. Mary Elizabeth Coleman and activist Kathy Forck, argued that Ashcroft acted improperly by certifying the amendment. 

Just before the Missouri Supreme Court hearing, Ashcroft attempted to decertify the measure, but the court ruled that he had missed the deadline to do so.

 A lower court initially recommended removing the amendment from the ballot due to several issues with abortion restrictions the amendment would repeal, but the Missouri Supreme Court ultimately ruled in favor of keeping it on the ballot. 

If passed, the amendment would go into effect 30 days later, likely prompting legal challenges to determine its full impact. It would legalize abortion up until fetal viability and protect other reproductive rights. 

The ACLU of Missouri, which is one of the organizations that is backing the amendment, celebrated the court's decision.

"What this decision really says today is that we deserve to be on the ballot," Tori Schafer, an attorney with the ACLU of Missouri, which is part of the coalition behind the amendment, told the Missouri Independent. "That people deserve to make this decision for themselves."

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