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Missouri Supreme Court keeps abortion question on ballot

Abortion will be on the ballot in Missouri in November, after the state Supreme Court ruled that a measure aiming to overturn the state’s abortion law may remain on the ballot. The Tuesday ruling from the Show Me State’s high court came days after a lower state court ruled the ballot measure did not qualify […]

Abortion will be on the ballot in Missouri in November, after the state Supreme Court ruled that a measure aiming to overturn the state’s abortion law may remain on the ballot.

The Tuesday ruling from the Show Me State’s high court came days after a lower state court ruled the ballot measure did not qualify to be placed on the ballot because it did not follow state law in its signature process. The brief order from the Missouri Supreme Court ordered Missouri Secretary of State John Ashcroft to certify the measure for the ballot, a day after he decertified the measure based on the earlier court ruling.

“By a majority vote of this Court, the circuit court’s judgment is reversed. 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,” the ruling from the state’s high court said.


Amendment 3 supporters Luz Maria Henriquez, second from left, executive director of the ACLU Missouri, celebrates with Mallory Schwarz, center, of Abortion Action Missouri, after the Missouri Supreme Court in Jefferson City, Mo., ruled that the amendment to protect abortion rights would stay on the November ballot in on Tuesday, Sept. 10, 2024. (Robert Cohen/St. Louis Post-Dispatch via AP)

Tuesday was the deadline for changes to be made before the state began printing ballots for the Nov. 5 election. The Friday ruling from Cole County Circuit Judge Christopher Limbaugh found that signatories of the petition to get the measure on the ballot were not informed of each of the state laws that would be undone by the proposed amendment.

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The ballot measure, Amendment 3, would instead restrict the state government from making laws on the matter but allow it to pass a law banning abortion after fetal viability with exceptions for the mother’s life or physical or mental health. Anti-abortion advocates say measures that include exceptions to allow abortion to protect the mental health of the mother open the door for little-to-no restrictions on when a pregnancy can be terminated.

Under current Missouri law, abortion is illegal, with an exception for medical emergencies.

The main group backing Amendment 3, Missourians for Constitutional Freedom, celebrated the decision Tuesday as a victory for “direct democracy and reproductive freedom” in the state.

“The Missouri Supreme Court’s ruling ensures that Amendment 3, the Right to Reproductive Freedom Initiative, will appear on the November ballot, giving voters—not politicians—the power to decide on this critical issue,” Missourians for Constitutional Freedom campaign manager Rachel Sweet said in a statement.

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Abortion will be on the ballot in various states in November through ballot measures, including in Arizona, Nevada, Maryland, Colorado, South Dakota, and Florida.

Ballot measures featuring abortion have seen a significant uptick since the 2022 Supreme Court decisions in Dobbs v. Jackson Women’s Health Organization, which returned the authority for abortion laws to the states. Since that ruling, votes on the measures have almost entirely gone in favor of abortion advocates, even in heavily Republican states.

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