Missouri’s near-total abortion ban faced a potential setback as a judge ruled that an abortion-rights campaign did not meet legal requirements to qualify for the November ballot. However, the judge did not remove the measure from the ballot, allowing the campaign to file a last-minute appeal before the deadline. Missourians for Constitutional Freedom, the campaign behind the initiative, plans to appeal the decision in hopes of allowing voters to decide on protecting reproductive freedom. The court’s decision was criticized as an injustice to the petition process and the thousands of Missourians who signed in support of the initiative.
The ruling stated that the abortion-rights campaign did not adequately inform voters during the signature-gathering process that the measure would undo the state’s near-total abortion ban. Judge Christopher Limbaugh acknowledged the unique issues involved in the case and the lack of direct precedent, and therefore stayed the issuance of an injunction until the statutory deadline in 2024. This will allow for further guidance or rulings from a reviewing court. At least nine other states will consider constitutional amendments enshrining abortion rights in the upcoming election, most of which would guarantee the right to abortion until fetal viability.
In response to the ruling, a group of abortion opponents filed a lawsuit to have the Missouri amendment removed from the ballot. They argued that voters were not properly informed of the laws that could be repealed if the amendment passed. Plaintiffs’ attorney Mary Catherine Martin stated that the true scope of the amendment was not disclosed to voters during the petition process. However, Loretta Haggard, a lawyer for the abortion-rights campaign, argued that it would be up to future judges to determine which abortion laws would be affected if the amendment is adopted.
Missouri’s abortion laws have been a subject of controversy since the state banned most abortions after the U.S. Supreme Court overturned Roe v. Wade in 2022. Despite the ban, women who undergo abortions are protected from criminal liability, while those who perform abortions outside the limited exceptions face felony charges. The proposed amendment by Missourians for Constitutional Freedom seeks to guarantee an individual’s right to access abortion and make other reproductive health decisions. The outcome of the appeal will determine whether the initiative remains on the ballot for voters to decide on reproductive rights protections in the state.
The ruling in Missouri comes amidst a national debate on abortion rights, with several states considering constitutional amendments to enshrine protections for abortion access. New York also has a ballot measure aimed at protecting abortion rights, though there is a dispute about its impact. Since 2022, voters in seven states with abortion-related questions on the ballot have sided with abortion-rights supporters. The decision on the Missouri amendment will have implications for the future of abortion access in the state and may set a precedent for other states grappling with similar issues. As the legal battle continues, both supporters and opponents of the abortion-rights campaign await the final decision on whether the initiative will appear on the November ballot.
