Missouri Supreme Court rules to keep abortion access proposition on the state’s ballot

(NEW YORK) — The Missouri Supreme Court ruled Tuesday in favor of keeping a proposition about abortion access on the state’s ballot, directing Secretary of State Jay Ashcroft to certify the proposition.

The order reversed a decision by a lower court and came after Ashcroft had decertified the proposition.

If passed in November by Missouri voters, the initiative would enshrine the right to an abortion in the state’s constitution and allow the state to regulate abortion after fetal viability, which is generally around 24 weeks.

“The Right to Reproductive Freedom” ballot initiative, spearheaded by the group Missourians for Constitutional Freedom, would also enshrine rights related to reproductive health care into the Missouri Constitution, “including but not limited to prenate care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions,” according to the text of the initiative.

Abortion is currently banned in Missouri with few exceptions, according to an analysis of state laws by KFF.

Abortion-related ballot initiatives are confirmed on the general election ballots in 10 states: Maryland, Florida, South Dakota, Colorado, Nevada, Arizona, Missouri, Montana, Nebraska, and New York.

In Nebraska, the initiatives are still dealing with legal challenges. (In New York, the initiative does not explicitly mention abortion and involves additional reproductive rights and other issues.)

Advocates supporting abortion access celebrated the Missouri Supreme Court decision.

Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, wrote in a statement, “Today’s decision is a victory for both direct democracy and reproductive freedom in Missouri… Missourians overwhelmingly support reproductive rights, including access to abortion, birth control, and miscarriage care. Now, they will have the chance to enshrine these protections in the Missouri Constitution on November 5.”

Missouri House Minority Leader Crystal Quade, the Democratic nominee for governor of Missouri, told ABC News in a statement, “I am grateful the Missouri Supreme Court saw through yet another attempt from the extremist anti-abortion politicians in Jefferson City to keep Missourians from having their say at the ballot box.”

Mary Catherine Martin, senior counsel for the Thomas More Society and an attorney who argued in the case, indicated that she feels the amendment will have adverse effects if passed — while indicating that it is settled legally that it will be on the ballot.

Martin said in a statement, “The Missouri Supreme Court’s decision to allow Amendment 3 to remain on the November ballot is a failure to protect voters, by not upholding state laws that ensure voters are fully informed going into the ballot box. 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.”

She added, “Missouri’s Amendment 3 will have far-reaching implications on the state’s abortion laws and well beyond… We implore Missourians to research and study the text and effects of Amendment 3 before going to the voting booth.”

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