Missouri’s top court ruled on Tuesday that voters will decide on a proposed abortion rights amendment in November, potentially restoring legal abortion in the state for the first time in over two years. The measure, which allows abortion rights in Missouri until fetal viability, will appear on the November ballot after organizers gathered more than 250,000 petition signatures, which the secretary of state’s office verified last month.
“Today’s Missouri Supreme Court decision is a victory for both direct democracy and reproductive freedom in Missouri,” Missourians for Constitutional Freedom, the group sponsoring the measure, posted on X.
Anti-abortion lawmakers and advocates filed a lawsuit challenging the measure’s qualification for the ballot, claiming it failed to sufficiently explain the consequences of its passage. A circuit court judge ruled last Friday that the measure should not qualify for the ballot. However, Missourians for Constitutional Freedom quickly appealed the decision over the weekend. On Tuesday, the state Supreme Court reversed the lower court’s ruling, clearing the way for the measure to appear on the ballot.
Mary Catherine Martin, an attorney representing the group challenging the measure, criticized the court’s decision. “It is deeply unfortunate the court ignored laws that protect voters in order to satisfy pro-abortion activists who intentionally omitted critical information from the initiative petition,” Martin said in a statement.
The Missouri Supreme Court made its ruling just hours before the state’s ballot printing deadline. Earlier that day, the court heard arguments from representatives of both the respondents, including Republican state senator Mary Elizabeth Coleman, and the appellants. Chief Justice Mary Russell ordered Missouri’s secretary of state, John Ashcroft, to certify Amendment 3 for the November 5, 2024, general election ballot and to take all necessary steps to ensure its inclusion.
Currently, Missouri enforces a total abortion ban with exceptions for medical emergencies. A recent St. Louis University/YouGov poll conducted from August 9-16 showed 52% of Missouri voters support the measure, which would enshrine the right to abortion until fetal viability, typically around 24 weeks of pregnancy. To pass, the measure requires more than 50% voter approval.
The abortion issue will appear on ballots in nine states this November, including Missouri and several battleground states likely to influence the presidential race and control of Congress.