KANSAS CITY, Mo. — Missouri voters will decide whether to undo a near-total ban on abortions in the state in November.
It comes after the Missouri Supreme Court cleared the way for Amendment 3, an abortion ballot initiative, to go on the November ballot on Tuesday.
Missourians for Constitutional Freedom, an abortion-rights group, had gathered thousands of signatures in an effort to place the question on the Nov. 5 general election ballot.
The abortion initiative petition would restore some abortion rights in Missouri, allowing the procedures up to fetal viablity.
Fetal viability in the question is defined as "the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary."
In August, Missouri Secretary of State Jay Ashcroft certified the petition, clearing the way for it to go on the ballot.
But just weeks later, two Missouri Republican women lawmakers and a pro-life group sued to block the issue from going on the ballot.
The lawsuit, filed on behalf of Missouri Rep. Hannah Kelly, Sen. Mary Elizabeth Coleman and pro-life advocates Kathy Forck and Peggy Forrest, argued the ballot initiative violated the state's constitution and law.
They argued it did so by failing to "specify the laws and constitutional provisions that it would repeal, directly or by implication."
Late last week, Cole County Circuit Judge Christopher Limbaugh ruled the measure shouldn't be on the ballot because it didn't meet legal requirements.
Limbaugh said Missouri for Constitutional Freedom didn't properly notify people the ballot initiative would repeal the state's abortion ban when gathering signatures.
Ashcroft subsequently decertified the abortion issue, citing Limbaugh's ruling.
The court heard arguments from both sides of the issue on Tuesday morning.
Lawyers from each side had 15 minutes to present them.
Hours later, the state's high court reversed the decision made by Limbaugh.
The court also directed Ashcroft to "certify to local election authorities that Amendment 3 be placed on the November 5, 2024, general election ballot and shall take all steps necessary to ensure that it is on said ballot."
It also ruled Ashcroft's decision to decertify the ballot "is a nullity and and of no effect."
Members of Missourians for Constitutional Freedom celebrated the court's decision Tuesday, but said they expect and are prepared for more legal challenges if voters were to pass Amendment 3.
"Our message is clear — Amendment 3 is going to end the state's total abortion ban, an abortion ban that does not allow exceptions for rape and incest," said Tori Schafer, a spokesperson for Missourians for Constitutional Freedom. "Now the people have the opportunity to vote 'yes' on Amendment 3, and that's what we're really excited about."
The Missouri Republican Party slammed the court's decision, calling it "dangerous" in a statement released after the ruling.
"Today, the Missouri Supreme Court has made a devastating decision by allowing Amendment 3 to remain on the November ballot," the statement read. "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."
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