(The Center Square) – The Missouri Supreme Court reversed a circuit court ruling and ordered Republican Secretary of State Jay Ashcroft to put Amendment 3, an abortion rights initiative, on the November ballot.
“By a majority vote of this court, the circuit court’s judgement is reversed,” Chief Justice Mary Russell wrote in a one page order posted approximately three hours before a 5 p.m. deadline dictated by state law. “Respondent John J. Ashcroft shall 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.”
The Missouri Republican Party released a statement denouncing the decision.
“This is not just an incremental change – Amendment 3 would eviscerate every pro-life protection Missouri has fought to establish,” according to the Republican statement.
Chief Justice Russell also wrote a motion to hold Ashcroft in contempt but was overruled. Attorneys for Missourians for Constitutional Freedom, the organization leading the initiative petition drive to get enough signatures to get it on the ballot, filed a contempt motion on Monday when Ashcroft removed all Amendment 3 information from the November ballot initiatives website. It was restored on Tuesday.
“This court has authority over this process right now and the public has been told, as they should have been, that you're going to decide whether this measure is on the ballot or not,” Chuck Hatfield, an attorney for Missourians for Constitutional Freedom, told the justices on Tuesday morning. “… It's open contempt for the proper administration of justice to tell the public that he's going to take it off the ballot even though we're here this morning having this discussion.”
Chief Justice Russell wrote Ashcroft was required by state law to certify a petition as sufficient or insufficient by 5 p.m. on the 13th Tuesday before the election, or Aug. 13.
“Today’s decision is a victory for both direct democracy and reproductive freedom in Missouri,” Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, said in a statement. “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.”
Cole County Circuit Court Judge Christopher Limbaugh sided with two legislators, a director of a women’s shelter and an activist on Friday when he ruled Amendment 3 didn’t address how other state laws would be affected if voters approve it. Missourians for Constitutional Freedom appealed on Saturday and the Missouri Court of Appeals quickly sent it to the Supreme Court, citing its limitations on ruling on constitutional matters.
“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,” Tori Schafer, director of policy and campaigns for the ACLU of Missouri, said in a statement. “The Missouri Supreme Court sent a clear message that the will of the people is stronger than politicians’ attacks.”
Arguments before the court started at 8:30 a.m. on Tuesday and lasted 35 minutes. Mary Catherine Martin, an attorney from the Thomas More Society, tried to persuade the justices with examples of how other laws would be affected if Amendment 3 passes. Questioning from the judges didn’t indicate which way they would rule.
"It is deeply unfortunate the court decided to ignore 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. "This ruling takes away important protections from all Missouri citizens to serve the well-funded political goals of a few."
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