Missouri Supreme Court orders abortion-rights amendment to go before voters

JEFFERSON CITY, Mo. (AP/First Alert 4) — An amendment to restore abortion rights in Missouri will be on the ballot, the state’s Supreme Court ruled Tuesday.

The proposal to enshrine abortion rights in the constitution is expected to widely undo the state’s 2022 near-total abortion ban if passed. Judges ruled hours before the Tuesday deadline for changes to be made to the November ballot.

In the ruling, the court ordered Secretary of State Jay Ashcroft to certify to local election authorities that Amendment 3 be placed on the November ballot and take all necessary steps to ensure its inclusion.

Additionally, the Missouri Supreme Court ruled that the motion filed Monday to hold Ashcroft in contempt of court was overruled.

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

Abortion-rights campaign lawyer Chuck Hatfield described the lawsuit as an “attempt to derail democracy.”

Republican Secretary of State Jay Ashcroft, who opposes abortion, decertified the measure Monday, removing it from the ballot himself following a county circuit judge’s ruling Friday.

After the Missouri Supreme Court ruling, Rachel Sweet, Campaign Manager for Missourians for Constitutional Freedom, released the following statement:

“Today’s decision is a victory for both direct democracy and reproductive freedom in Missouri. 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 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.

“This ruling is a validation of the more than 380,000 Missourians who signed the petition. 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.

“As we approach Election Day, we will continue working tirelessly to ensure every Missourian understands that a ‘YES’ vote on Amendment 3 will end the state’s total abortion ban and restore the right to make personal reproductive health decisions, returning that power where it belongs—with women and their families.

“This victory belongs to all Missourians, we will see you at the ballot box on November 5.”

St. Louis County Executive Dr. Sam Page also released a statement:

“Today, the highest court in Missouri honored the will of the people of this great state by correctly ruling that Amendment 3, and a woman’s right to choose, should remain on the Nov. 5 ballot. Usurping the will of the people is dangerous and builds mistrust in government and the judicial process.

I am pleased the Missouri Supreme Court saw this for what it was – an attempt to silence voters and strip the freedoms of women across the state.”

The Missouri Republican Party denounced the Missouri Supreme Court decision, stating that it “marks the most dangerous threat to Missouri’s pro-life laws in our state’s history.” Their statement reads:

“Today, the Missouri Supreme Court has made a devastating decision by allowing Amendment 3 to remain on the November ballot. This ruling marks the most dangerous threat to Missouri’s pro-life laws in our state’s history. Make no mistake—this amendment, bankrolled by radical out-of-state interest groups, is a direct assault on Missouri families and the values we hold dear.

Chairman Nick Myers of the Missouri Republican Party issued a strong rebuke of the decision, warning of the catastrophic consequences should this amendment pass: “If Amendment 3 becomes law, it will legalize abortion through all nine months of pregnancy—right up until the moment of birth. Not only that, but it will strip away parental rights by removing the requirement for parental consent and could force Missouri taxpayers to fund the barbaric practice of abortion with their hard-earned dollars.”

The stakes could not be higher. This is not just an incremental change—Amendment 3 would eviscerate every pro-life protection Missouri has fought to establish. Under this amendment, abortion on demand, without any restrictions, would be enshrined in our Constitution, and even the most basic safeguards that protect women and babies would be eliminated.

The proponents of this radical measure, funded by national abortion activists, have no regard for the values of Missourians. Their goal is simple: to eliminate Missouri’s pro-life laws and replace them with an extreme agenda that would allow abortions at any stage of pregnancy, even in the final trimester when a baby could survive outside the womb.

The Missouri Republican Party calls on every voter who values life, parental rights, and fiscal responsibility to reject this extreme amendment. We must not let out-of-state interests hijack our Constitution and undermine everything we stand for as Missourians.”

Of the decision, Tori Schafer, Director of Policy and Campaigns for the ACLU of Missouri, said, “This case was about whether Missourians’ right to engage in direct democracy would be protected or if it was just a right in name only, vulnerable to the whims of politicians. The Missouri Supreme Court sent a clear message that the will of the people is stronger than politicians’ attacks. Today’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.”

St. Louis Alderman Rasheen Aldridge said he “couldn’t be more excited” about the decision to include Amendment 3 on the ballot.

“Let me be clear: I am fired up to vote YES on Amendment 3, and I’m even more excited to hit the ground running to get voters out and make sure they know how important this moment is. We have a chance to protect reproductive rights for future generations, and I know Missourians will rise to the occasion,” he wrote in a statement.

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 will consider 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.

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Associated Press reporter David A. Lieb contributed to this report.