Missouri Supreme Court rejects Republican effort to get an abortion referendum taken off the ballot

The Missouri Supreme Court decided Tuesday to keep a measure that would legalize abortion on November's ballot, despite Republicans’ 11th-hour attempts to stop the amendment.

The ruling orders Missouri Secretary of State Jay Ashcroft to “certify to local election authorities that Amendment 3 be placed on the Nov. 5, 2024, general election ballot and shall take all steps necessary to ensure that it is on said ballot.”

Amendment 3 would restore constitutional protections for abortion after the state enacted a near-total abortion ban following the overturning of Roe v. Wade in 2022.

“The government shall not deny or infringe upon a person’s fundamental right to reproductive freedom, which is the right to make and carry out decisions about all matters relating to reproductive health care,” the amendment reads.

Reproductive rights advocates in the state, led by Missourians for Constitutional Freedom, fought hard to get the initiative on the ballot, collecting over 380,000 signatures.

In August, it was certified to be on November’s ballot by Missouri’s Secretary of State Jay Ashcroft. Shortly after, however, Republican state Rep. Hannah Kelly and state Sen. Mary Elizabeth Coleman sued Ashcroft for certifying the amendment, arguing that the measure did not state which laws it would repeal. Last week, the attempts to decertify Amendment 3 continued when a Cole County judge ruled the amendment invalid for "violating state law."

Three days later and just weeks after his approval, Ashcroft announced he was decertifying the initiative, citing “serious concern about whether the proposed petition satisfies the legal requirements for adequate notice to the public.” His decertification was appealed, sending the case to the state's highest court.

Just hours before the deadline for the general election ballot, the Missouri Supreme Court proved the Republicans’ efforts to be futile.

“Today’s Missouri Supreme Court decision is a victory for both direct democracy and reproductive freedom in Missouri,” Missourians for Constitutional Freedom said in a statement. “The court's ruling ensures that Amendment 3 will appear on the November 5th ballot, giving voters—not politicians—the power to decide on this critical issue.”

With the decision, Missouri will become the 11th state to vote on reproductive rights come November. Amendment 3 will require 50% of the vote to pass.