JEFFERSON CITY — The amendment that would enshrine the right to an abortion in the Missouri Constitution will stay on Nov. 5 ballot, the state Supreme Court ruled Tuesday afternoon.
A majority of the seven-member court voted to reverse a Friday ruling by a Cole County judge that threatened to strip the measure off the ballot.
An from the court directed Secretary of State Jay Ashcroft, a Republican, to “take all steps necessary†to ensure Amendment 3’s place on the ballot.
The Supreme Court, in its brief order Tuesday afternoon, said opinions would follow.
The highly anticipated ruling caps a legal whirlwind that began Friday when Cole County Circuit Judge Christopher Limbaugh ruled the question should not be on the ballot, four days before the Tuesday deadline to finalize ballots.
Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, called the Supreme Court’s decision a win for direct democracy and reproductive freedom.
“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,†she said in a statement.
In his ruling Friday, Limbaugh said the campaign violated state law by failing to disclose which laws or constitutional provisions it would repeal, siding with four anti-abortion activists who had sued to strip the question from the ballot.
The four plaintiffs — state Sen. Mary Elizabeth Coleman, state Rep. Hannah Kelly, activist Kathy Forck and Our Lady’s Inn President and CEO Peggy Forrest — criticized the high court’s opinion after it was issued.
“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,†the four said in a statement.
Chuck Hatfield, attorney for Missourians for Constitutional Freedom, told the Supreme Court Tuesday morning that according to the Missouri Constitution, the people reserve the power to propose amendments to the constitution by the initiative independent of the General Assembly.
“The question is whether the court system is going to honor the will of the people, their reservation of that power, or whether we’re going to allow a small group of people to take that power over an issue of form,†Hatfield said.
And making the case that it didn’t violate state requirements, lawyers for the campaign also argued the amendment wouldn’t repeal any laws and that courts would decide in the future which laws are overturned.
But Mary Catherine Martin, attorney for the four plaintiffs, said the petition didn’t meet legal requirements to be on the ballot.
“These requirements protect voters,†Martin said. “They require them to be fully informed.â€
Attorneys for Missourians for Constitutional Freedom also asked the high court to hold Secretary of State Jay Ashcroft in contempt for his action Monday to decertify the question for the ballot ahead of the Tuesday court hearing.
Hatfield said Tuesday morning the Supreme Court would decide whether the question is on the ballot. But Ashcroft “just decertified it,†Hatfield said. “It’s open contempt for your authority.â€
Josh Devine, attorney for Ashcroft, said case law gave the secretary the authority to remove the question.
The Supreme Court overruled the motion to hold Ashcroft in contempt. The court noted Ashcroft initially certified the question for the ballot before the statutory deadline to do so in August.
“Any action taken to change that decision weeks after the statutory deadline expired is a nullity and of no effect,†the court said.
In a statement, Ashcroft expressed disappointment after the ruling Tuesday.
“I am disappointed in today’s court ruling and curious to read the opinion to see how they came to that conclusion,†he said. “I would encourage every Missourian, before they vote, to read the actual text of this amendment.â€
A St. Louis-based obstetrician and gynecologist told reporters that doctors have received no clarity since the law took effect in June 2022 on…
Amendment 3 supporters Luz Maria Henriquez, second from left, executive director of the ACLU Missouri, and Mallory Schwarz, center, of Abortion Action Missouri, celebrate with others Tuesday, Sept. 10, 2024, in Jefferson City after the Missouri Supreme Court ruled that Amendment 3 to enshrine abortion rights in the state constitution would stay on the November ballot.
Mary Catherine Martin, center, of the conservative Thomas More Society, is surrounded by abortion opponents as she speaks to the media Tuesday, Sept. 10, 2024, in Jefferson City after arguing before the Missouri Supreme Court to remove Amendment 3 from the November ballot.
Abortion opponents stand outside the Missouri Supreme Court in Jefferson City on Tuesday, Sept. 10, 2024, as Chuck Hatfield, center left, an attorney for Missourians for Constitutional Freedom, leaves court after arguing before judges to keep Amendment 3 on the November ballot.
Missouri Supreme Court Chief Justice Mary R. Russell asks questions of attorneys as the court hears a case on Tuesday, Sept. 10, 2024, in Jefferson City questioning whether an amendment to overturn the state’s abortion ban will remain on the state’s November ballot.