Missouri’s near-total abortion ban will soon face a critical test at the ballot box after the state’s Supreme Court ruled on Tuesday that voters will have the opportunity to weigh in on the measure this November. This ruling marks a significant moment in the ongoing nationwide struggle to put the question of abortion rights back into the hands of voters following the end of federal protections for the procedure in 2022.

If passed, the proposed amendment would establish abortion rights within Missouri’s constitution, effectively overturning the state’s existing near-total abortion ban. The court’s ruling came just hours before the final deadline for any changes to the November ballot, ensuring that this issue will be front and center for voters.

 

The Missouri Supreme Court ordered Republican Secretary of State Jay Ashcroft to reinstate the proposal on the ballot, following his earlier removal of the measure after a county circuit judge’s ruling the previous Friday. Despite his opposition to the measure, the court mandated that Ashcroft “take all steps necessary” to make sure the amendment is presented to voters. 

In response, JoDonn Chaney, spokesperson for the Secretary of State’s Office, confirmed that the amendment is now back on the ballot. However, Ashcroft expressed his disappointment with the court’s decision, noting his personal disapproval of the ruling.

While the full written opinion from the court was not immediately available on Tuesday, the impact of the ruling was already clear. Missourians for Constitutional Freedom, the campaign supporting the proposal, celebrated the court’s decision as a victory for reproductive rights. 

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

Opponents of the measure, however, expressed concern that voters were being misled. Mary Catherine Martin, an attorney representing a group of Republican lawmakers and anti-abortion activists seeking to remove the amendment, argued that the petition did not fully inform voters about the laws that would be repealed if the measure passed. 

In a statement following the ruling, the plaintiffs said, “This Missouri Supreme Court turned a blind eye and ruled Missourians don’t have to be fully informed about the laws their votes may overturn before signing initiative petitions.”

 

Missouri’s strict abortion ban was enacted in the immediate aftermath of the U.S. Supreme Court’s decision to overturn Roe v. Wade in 2022, severely limiting access to abortion throughout the state. Now, Missouri joins a growing list of states where abortion rights are set to be a key issue at the ballot box. 

In addition to Missouri, voters in eight other states — Arizona, Colorado, Florida, Maryland, Montana, Nebraska, Nevada, and South Dakota — will also have the opportunity to decide on constitutional amendments that would enshrine abortion rights. Most of these measures would guarantee the right to abortion until the point of fetal viability and allow the procedure beyond that in cases where the pregnant person’s health is at risk. Missouri’s proposal is similarly designed, aiming to provide comprehensive protections.

Even New York has a ballot measure related to abortion rights, though there is some debate over how much it would truly safeguard access to the procedure.

 

The issue of abortion has proven to be highly polarizing, with the potential to drive voter turnout and influence election outcomes. In closely contested states, including swing states in presidential elections, the abortion question could have far-reaching consequences for not only state but also federal elections. For example, Missouri Democrats are hopeful that support for abortion rights will boost their chances in the upcoming November election.

Legal battles over abortion rights initiatives are playing out in various states. For instance, in August, the Arkansas Supreme Court upheld a decision to keep an abortion rights measure off the state’s November ballot due to issues with the documentation submitted by the group behind the initiative. 

Despite these challenges, voters in all seven states that have put abortion-related questions on the ballot since the overturn of Roe v. Wade have ultimately sided with abortion-rights supporters, signaling that public sentiment may still be strongly in favor of reproductive rights even in the face of significant legal and political obstacles. Missouri is home to many legal advocates for just about any situation necessary, such as a St. Joseph Car Accident Lawyer.

With Missouri now set to become the latest battleground for abortion rights, the outcome of the November vote will be closely watched both locally and nationwide.