Missouri abortion-rights measure will be on ballot, court rules

The Missouri Supreme Court ruled Tuesday that an amendment to restore abortion rights in the state will be on the ballot.

The proposed measure would enshrine the right to an abortion in the state constitution, prohibiting any government interference related to the procedure. If it passes, it’s expected to undo the state’s 2022 near-total abortion ban. The court issued its ruling hours before the Tuesday deadline for changes to be made to the November ballot.

State Supreme Court judges ordered Jay Ashcroft, the GOP secretary of state, to put the measure back on the ballot. He had removed it Monday after a county circuit judge’s ruling Friday.

The order also directed Ashcroft, an abortion opponent, to “take all steps necessary to ensure that it is on said ballot.”

The court’s full opinion on the case wasn’t immediately released Tuesday.

Missourians for Constitutional Freedom, the campaign backing the measure, lauded the decision.

“Missourians overwhelmingly support reproductive rights, including access to abortion, birth control, and miscarriage care,” campaign manager Rachel Sweet said in a statement. “Now, they will have the chance to enshrine these protections in the Missouri Constitution on November 5.”

Mary Catherine Martin, a lawyer for a group of GOP lawmakers and abortion opponents suing to remove the amendment, had told Supreme Court judges during rushed Tuesday arguments that the initiative petition “misled voters” by not listing all the laws restricting abortion that it would effectively repeal.

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.

Eight other states are considering constitutional amendments enshrining abortion rights, including Arizona, Colorado, Florida, Maryland, Montana, Nebraska, Nevada and South Dakota. Most would guarantee a right to abortion until fetal viability and allow it later for the health of the pregnant woman, which is what the Missouri proposal would do.

New York also has a ballot measure that proponents say would protect abortion rights, though there’s a dispute about its impact.

Voting on the polarizing issue could draw more people to the polls, potentially impacting results for the presidency in swing states, control of Congress and the outcomes for closely contested state offices. Missouri Democrats, for instance, hope to get a boost from abortion-rights supporters during the November election.

Legal fights have sprung up across the country over whether to allow voters to decide these questions — and over the exact wording used on the ballots and explanatory material. In August, Arkansas’ highest court upheld a decision to keep an abortion rights initiative off the state’s November ballot, agreeing with election officials that the group behind the measure did not properly submit documentation regarding the signature gatherers it hired.

Voters in all seven states that have had abortion questions on their ballots since Roe was overturned have sided with abortion-rights supporters.