Missouri judge rules against abortion rights measure, putting November vote in doubt

A Missouri judge on Friday ruled against an abortion rights measure set for the November ballot, a decision that throws the proposal’s fate into uncertainty.

Cole County Circuit Judge Christopher Limbaugh said the initiative petition submitted to overturn the state’s abortion ban and enshrine abortion rights in the state constitution was insufficient because Anna Fitz-James, the individual who submitted the petition didn’t comply with state law.

The decision, which came hours after a bench trial, is virtually certain to be appealed and could end up in front of the Missouri Supreme Court in a matter of days. Election officials must soon finalize the November ballot .

The legal battle, taking place on a compressed timeline, comes with high stakes. Missouri could be the first state, or one of the first, where voters overturn an abortion ban since the end of the federal right to abortion if voters approve the measure this fall.

“The court finds that defendant-intervenor Fitz-James did not comply with the necessary requirements of (state law) which therefore makes her initiative petition insufficient,” Limbaugh wrote in the order.

Limbaugh put a stay on his decision to give time for a higher court to weigh in.

Missouri has banned abortion since moments after the U.S. Supreme Court overturned Roe v. Wade in 2022. The current ban only allows abortion in medical emergencies.

The amendment would prohibit bans on abortion before fetal viability, and require that any ban after fetal viability contain exceptions for the life, health and safety of the mother.

Limbaugh found that the amendment didn’t fulfill a requirement to describe what existing Missouri laws would be changed by the proposal.

If the amendment remains on the November ballot, polling suggests voters are prepared to approve it. A poll by Saint Louis University and YouGov conducted in August found 52% support for the amendment and 34% disapproval. The remaining 14% said they were not sure.

The plaintiffs who challenged the amendment in court released a statement Friday suggesting it was unclear whether amendment supporters would have gathered enough signatures to place the measure on the ballot “if the truth about the staggering scope” of laws invalidated by the proposal had been disclosed. Opponents of the measure have argued the amendment will restrict state laws and regulations on a host of issues.

“Missourians have a constitutional right to know what laws their votes would overturn before deciding to sign initiative petitions,” the plaintiffs - Sen. Mary Elizabeth Coleman, Kathy Forck, Rep. Hannah Kelly and Peggy Forrest - said in a joint statement.

Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, the main group in favor of the measure, said in a statement that the campaign, “remains unwavering in our mission to ensure Missourians have the right to vote on reproductive freedom.”

“The court’s decision to block Amendment 3 from appearing on the ballot is a profound injustice to the initiative petition process and undermines the rights of the 380,000 Missourians who signed our petition demanding a voice on this critical issue,” Sweet said.

Sweet vowed to appeal the decision, saying the campaign hopes “for a swift resolution so that Missourians can vote on Nov. 5 to protect reproductive freedom, including access to abortion, birth control and miscarriage care.”