If approved by voters, the constitutional amendment would permit abortion up to fetal viability. Currently, Missouri bans the procedure in almost all cases.
In a decisive move just hours before ballot finalization, the Missouri Supreme Court ruled Tuesday afternoon that a proposed constitutional amendment to protect abortion rights can appear on the November ballot.
The decision followed a brief but contentious hearing before all seven justices — including four women and five appointees of Republican governors. This ruling overturns a recent lower-court decision which deemed the measure invalid for not specifying which existing laws it would repeal.
Chief Justice Mary R. Russell wrote, “By a majority vote of this Court, the circuit court’s judgment is reversed.”
This ruling ensures that Missouri will join several other states with abortion rights measures on the fall ballot, including key battleground states like Arizona and Florida. Since the 2022 overturn of Roe v. Wade, every ballot measure aimed at preserving or expanding abortion access has passed, while those seeking to impose restrictions have failed, even in conservative Kansas.
Abortion has been banned in Missouri since the implementation of a trigger law following Roe's reversal, allowing the procedure only to save the life or health of the mother. Amendment 3 would enable abortion until about 24 weeks of pregnancy, the point at which a fetus can survive outside the womb.
The legal battle intensified after the lower court's ruling on Friday. Supporters of Amendment 3 were initially granted a stay to keep the measure on the ballot, but Secretary of State Jay Ashcroft controversially decertified it on Monday, claiming it was "deficient" despite missing the official deadline for such actions. This led supporters to accuse Ashcroft — son of former U.S. Attorney General John Ashcroft and a recent gubernatorial candidate — of contempt, arguing that his actions undermined the court's authority.
Chuck Hatfield, representing the campaign for the measure, condemned Ashcroft's actions as “open contempt for your authority” and “the rule of law.” The amendment’s supporters, organized under Missourians for Constitutional Freedom, assert that it aims to secure the right to make decisions about reproductive health.
Opponents, including the conservative Thomas More Society, argue that the amendment's language misleads voters and fails to disclose its full impact. They contend that the measure’s lack of clarity could mislead voters about the scope of laws it would overturn.
Mary Catherine Martin of the Thomas More Society emphasized the importance of transparent wording, stating, “The average voter reading this would have no way of knowing that it has a limiting effect” on state abortion regulations.
The Supreme Court’s decision reversed the earlier ruling by Cole County Circuit Judge Christopher Limbaugh, who had found the measure’s text lacking in clarity about repealed laws. Limbaugh, an appointee of Governor Mike Parson, had argued that the initiative petition did not meet legal requirements.
In response to the ruling, Ashcroft's office confirmed that the measure had been reinstated on the ballot, as indicated on their website. Ashcroft expressed disappointment in the court’s decision and urged voters to read the amendment's text thoroughly.
Supporters of the measure celebrated the ruling as a victory for both direct democracy and reproductive rights. Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, emphasized that the fight was not just about the amendment but about defending the initiative process and enabling Missouri residents to directly influence their future.
Elsewhere, legal challenges to abortion measures in other states continue. Nebraska’s Supreme Court recently reviewed a challenge to an abortion ballot measure, while South Dakota’s measure survived a legal challenge and awaits a trial later this month.
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