The Missouri Supreme Court ruled Tuesday that an amendment to enshrine abortion in the state constitution will appear on November’s ballot.
The state’s high court reversed a lower court’s decision.
“By a majority vote of this Court, the circuit court’s judgment is reversed,” the Missouri Supreme Court said.
“Respondent John R. Ashcroft shall certify to local election authorities that Amendment 3 be placed on the November 5, 2024, general election ballot and shall take all steps necessary to ensure that it is on said ballot,” it added.
BREAKING: With few hours before the deadline to print ballots to the Missouri Supreme Court has ordered Amendment 3 (abortion rights) be placed on the November ballot. pic.twitter.com/8ZHuu6slxt
— Insider Paper (@TheInsiderPaper) September 10, 2024
FOX 4 reports:
On Tuesday morning, abortion-rights activists from across the state arrived in Jefferson City to appeal the removal of a “Reproductive Freedom” amendment on ballots in the upcoming general election. It would provide constitutional protection for abortion throughout Missouri.
According to the Associated Press, “The amendment is part of a national push to have voters weigh in on abortion since the U.S. Supreme Court overturned Roe v. Wade in 2022. Missouri banned almost all abortions immediately after.”
The Missouri Supreme Court ruling comes only a few days after a county circuit judge and Republican Secretary of State Jay Ashcroft stated that the campaign did not meet legal requirements and called for its removal from November ballots.
Specifically, on Friday, Sept. 6, Cole County Circuit Judge Christopher Limbaugh said, “Missourians for Constitutional Freedom did not do enough during the signature-gathering process to inform voters that the measure would undo the state’s near-total abortion ban.”
Protesters stand outside Missouri’s Supreme Court Building as Justices hear arguments over whether an abortion-rights amendment should go before voters this year. @KRCG13 pic.twitter.com/Ug4OpkWNqN
— Mark Slavit (@MSlavitKRCG13) September 10, 2024
BREAKING: abortion is BACK on the ballot in Missouri
Missouri Supreme Court reverses judgement, putting the abortion amendment back on the November ballot & forcing SOS Ashcroft to recertify the petition. #moleg #election2024 pic.twitter.com/OloayiXJdO— Hannah Falcon (@HannahFalconTV) September 10, 2024
From the Missouri Independent:
Attorneys for Missourians for Constitutional Freedom have said the amendment would not repeal the state’s current abortion law or take it off the books. Instead, they said, it would create a new law that would supersede much of the existing one because not every element of the current law would be rendered moot, including laws protecting women who get abortions from prosecution.
And, they added, anything that falls under the scope of the amendment would be left to the judicial system to interpret.
Cole County Circuit Judge Christopher Limbaugh did not agree. On Friday he ruled that the campaign did not meet the sufficiency requirement through a “failure to include any statute or provision that will be repealed, especially when many of these statutes are apparent.”
While Limbaugh recommended the amendment be taken off the ballot, he ultimately left the decision up to a higher court.
Amendment 3 would legalize abortion up until the point of fetal viability and protect other reproductive rights, including birth control. Abortion is illegal in Missouri with limited exceptions for medical emergencies.