Missouri Supreme Court rejects Republican attempt to remove abortion referendum from ballot

The Missouri Supreme Court on Tuesday decided to keep a bill that would legalize abortion on the November ballot, despite last-minute attempts by Republicans to stop the amendment.

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

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

“The government shall not deny or impair any person's fundamental right to reproductive freedom, which includes the right to make and implement decisions on all matters relating to reproductive health care,” the amendment states.

Reproductive rights activists 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, Missouri Secretary of State Jay Ashcroft confirmed that the amendment would be on the November ballot. Shortly thereafter, however, Republican Rep. Hannah Kelly and Senator Mary Elizabeth Coleman sued Ashcroft over the amendment's confirmation, arguing that the bill did not specify which laws it would repeal. Last week, attempts to invalidate Amendment 3 continued when a Cole County judge invalidated the amendment because it “contravenes state law.”

Three days later, and just weeks after his approval, Ashcroft announced that he was withdrawing the initiative, citing “serious concerns about whether the proposed petition meets the legal requirements for adequate public notice.” He appealed his withdrawal and referred the case to the state's highest court.

Just hours before the deadline for general election ballots, the Missouri Supreme Court ruled that Republican efforts were futile.

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

With this decision, Missouri will become the 11th state to vote on reproductive rights in November. Amendment 3 requires a 50% majority to pass.