A Missouri judge on Friday ruled that an abortion-rights campaign did not meet legal requirements to qualify for the November ballot, potentially thwarting a yearslong effort to undo the state’s near-total abortion ban. However, Cole County Circuit Judge Christopher Limbaugh did not remove the measure from the ballot, instead giving the campaign a chance to appeal before the Tuesday deadline to make changes. The campaign, Missourians for Constitutional Freedom, plans to appeal the decision in hopes of allowing Missourians to vote on November 5 to protect reproductive freedom, including access to abortion, birth control, and miscarriage care. The judge’s ruling stated that the campaign did not adequately inform voters during the signature-gathering process that the measure would undo the state’s near-total abortion ban, but he acknowledged the gravity of the case and lack of direct precedent and stayed the injunction until 2024.
At least nine other states will consider constitutional amendments enshrining abortion rights this fall, including Arizona, Colorado, Florida, Maryland, Montana, Nebraska, Nevada, and South Dakota. Most of these amendments seek to guarantee a right to abortion until fetal viability and allow it later for the health of the pregnant woman, similar to what the Missouri proposal would do. New York also has a ballot measure aimed at protecting abortion rights, though its impact is disputed. In the seven states that have had abortion questions on their ballots since 2022, voters have generally sided with abortion-rights supporters, indicating a trend of public support for reproductive rights.
A group of abortion opponents previously sued to have the Missouri amendment removed from the ballot, claiming that some voters would not have signed the petition if they had known the full scope of laws it could potentially repeal. Plaintiffs argued that the amendment’s proponents did not fully disclose the extent of the laws that could be invalidated, leading to concerns about the legitimacy of the signature-gathering process. However, lawyers for the abortion-rights campaign defended the amendment, stating that the impact on existing laws would be determined by future court rulings and that judges should not speculate on potential legal violations before they occur.
Missouri banned most abortions immediately after the U.S. Supreme Court overturned Roe v. Wade in 2022, with exceptions only for medical emergencies. Since then, almost no abortions have been performed at Missouri facilities, leading to legal challenges and advocacy efforts to restore reproductive rights in the state. Various organizations, including Missouri’s ACLU branch, local Planned Parenthoods, and a group called Abortion Action in Missouri, have campaigned to legalize abortion and ensure protections for individuals seeking abortions. While women who receive abortions are protected from criminal liability in Missouri, individuals who perform abortions outside the state’s limited exceptions face felony charges, highlighting the legal and ethical complexities surrounding reproductive healthcare in the state.
