Red State Supreme Court Rules Abortion Amendment Will Be On Ballot In November

On Tuesday, the Missouri Supreme Court ruled that a proposed constitutional amendment that would strip pro-life protections in the state would appear on the ballot in November. 

The court overturned a decision from a circuit court judge that had said that Missourians for Constitutional Freedom, the pro-abortion group backing the amendment, did not follow state law in the language it used for the ballot initiative. The amendment would ban the state government from passing laws that “infringe upon a person’s fundamental right to reproductive freedom.”

“Today’s decision is a victory for both direct democracy and reproductive freedom in Missouri,” said Rachel Sweet, campaign manager for Missourians for Constitutional Freedom. “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.”

The initiative would prohibit the government from passing any laws that ban abortion before “fetal viability.” 

Pro-life advocates have expressed concerns that the amendment’s use of “fetal viability” leaves the door open for effectively all abortions because it allows viability to be defined by the “good faith judgment of a treating health care professional and based on the particular facts of the case.” 

Lawyers with the Thomas More Society had challenged the ballot language on behalf of Missouri State Senator Mary Elizabeth Coleman, pro-life advocate Kathy Forck, state Rep. Hannah Kelly, and Our Lady’s Inn President and CEO Peggy Forrest.

Last week, Missouri Circuit Court Judge Christopher Kirby Limbaugh, a cousin of the late conservative radio host Rush Limbaugh, ruled in their favor, saying that the ballot organizers violated state law by not including language in the initiative that would make clear what current Missouri law would be repealed by adopting the amendment. 

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“It is deeply unfortunate the court decided to ignore laws that protect voters in order to satisfy pro-abortion activists who intentionally omitted critical information from the initiative petition,” Thomas More Society lawyer Mary Catherine Martin said. “This ruling takes away important protections from all Missouri citizens to serve the well-funded political goals of a few. Missouri’s Amendment 3 will have far-reaching implications on the state’s abortion laws and well beyond, repealing dozens of laws that protect the unborn, pregnant women, parents, and children—a reality that the initiative campaign intentionally hid from voters.”

At least 10 states will vote on abortion in November, including Florida, Nebraska, Montana, South Dakota, and Arizona. 

Democrats have made abortion a key campaign topic for the 2024 elections, with Vice President Kamala Harris repeatedly attacking former President Donald Trump over the issue during the debate on Tuesday. Harris promised to sign a bill that would create a federal right to abortion, while Trump said the issue should be decided at the state level.