The Missouri Supreme Court has ruled that a constitutional amendment to legalize abortion will remain on the November 5, 2024 ballot, overturning a lower court's decision.

The ruling, issued on September 10, 2024, came just hours before the constitutional deadline to remove questions from the ballot. According to the Missouri Independent, Secretary of State Jay Ashcroft has been ordered to certify Amendment 3 for the upcoming general election.

The court's decision reverses a recommendation by Cole County Circuit Judge Christopher Limbaugh, who had ruled on Friday that the amendment should be removed from the ballot.

The Supreme Court's judgment directs Ashcroft to "certify to local election authorities that Amendment 3 be placed on the Nov. 5, 2024, general election ballot and shall take all steps necessary to ensure that it is on said ballot."

Supreme Court Rejects Decertification Attempt

The ruling comes after a series of legal challenges to the amendment. A lawsuit filed in late August by anti-abortion lawmakers and activists sought to prevent the measure from appearing on the ballot. In an unexpected move, Secretary of State Ashcroft announced he was decertifying the measure on the eve of the Supreme Court hearing.

However, the Supreme Court judges determined that Ashcroft had missed the statutory deadline to change his decision. They stated that any action taken to alter the certification after the deadline "is a nullity and of no effect." This decision effectively nullified Ashcroft's attempt to remove the amendment from the ballot.

Following the court's ruling, Amendment 3 was promptly relisted on the Secretary of State's website under the 2024 ballot measures section by Tuesday afternoon.

Implications Of The Abortion Rights Amendment

If passed by voters on November 5, Amendment 3 would have significant implications for reproductive rights in Missouri. The amendment would go into effect 30 days after the election, potentially legalizing abortion up to the point of fetal viability and protecting other reproductive rights, including access to birth control.

Currently, abortion is illegal in Missouri, with limited exceptions for medical emergencies. The proposed amendment reads in part: "The government shall not deny or infringe upon a person's fundamental right to reproductive freedom, which is the right to make and carry out decisions about all matters relating to reproductive health care."

Tori Schafer, an attorney with the ACLU of Missouri, which is part of the coalition behind the amendment, emphasized the significance of the court's decision:

What this decision really says today is that we deserve to be on the ballot. That people deserve to make this decision for themselves.

Reactions From Both Sides Of The Debate

The Supreme Court's decision has elicited strong reactions from both supporters and opponents of the amendment. Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, the group behind the amendment, expressed satisfaction with the ruling:

This fight was not just about this amendment—it was about defending the integrity of the initiative petition process and ensuring that Missourians can shape their future directly.

On the other hand, the plaintiffs who brought the lawsuit against the amendment, including state legislators and anti-abortion activists, expressed their disappointment.

The Missouri Republican Party also voiced its opposition to the court's decision, calling it "devastating" and "the most dangerous threat to Missouri's pro-life laws in our state's history."

Campaign Efforts And Political Implications

With the general election only eight weeks away, the court's decision has energized both sides of the abortion debate in Missouri. Missourians for Constitutional Freedom has already raised over $15 million for their campaign, including substantial donations from national groups.

Democratic candidates have seized on the news to rally supporters. Crystal Quade, the Democratic nominee for governor, stated that voters would overturn Missouri's abortion ban, which she described as "cruel" and lacking exceptions for rape and incest.

Meanwhile, Lucas Kunce, the Democratic candidate running against incumbent U.S. Senator Josh Hawley, criticized attempts to block the amendment from reaching voters, saying, "The lies and lawfare used by Josh Hawley and his allies to try to block a citizen-led effort to end their total abortion ban have failed."

Conclusion

The Missouri Supreme Court's decision to keep the abortion rights amendment on the November ballot marks a significant moment in the state's ongoing debate over reproductive rights. The ruling ensures that voters will have the opportunity to decide on the legalization of abortion up to fetal viability.

With strong opinions on both sides and substantial campaign funding already in place, the amendment is set to be a central issue in Missouri's upcoming general election, potentially reshaping the state's abortion laws and impacting reproductive healthcare access for its residents.