JEFFERSON CITY 鈥 The amendment that would enshrine the right to an abortion in the Missouri Constitution will stay on Nov. 5 ballot, the state Supreme Court ruled Tuesday afternoon.
A majority of the seven-member court voted to reverse a Friday ruling by a Cole County judge that threatened to strip the measure off the ballot.
An from the court directed Secretary of State Jay Ashcroft, a Republican, to 鈥渢ake all steps necessary鈥 to ensure Amendment 3鈥檚 place on the ballot.
The Supreme Court, in its brief order Tuesday afternoon, said opinions would follow.
The highly anticipated ruling caps a legal whirlwind that began Friday when Cole County Circuit Judge Christopher Limbaugh ruled the question should not be on the ballot, four days before the Tuesday deadline to finalize ballots.
Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, called the Supreme Court鈥檚 decision a win for direct democracy and reproductive freedom.
鈥淭he Missouri Supreme Court鈥檚 ruling ensures that Amendment 3, the Right to Reproductive Freedom Initiative, will appear on the November ballot, giving voters 鈥 not politicians 鈥 the power to decide on this critical issue,鈥 she said in a statement.
In his ruling Friday, Limbaugh said the campaign violated state law by failing to disclose which laws or constitutional provisions it would repeal, siding with four anti-abortion activists who had sued to strip the question from the ballot.
The four plaintiffs 鈥 state Sen. Mary Elizabeth Coleman, state Rep. Hannah Kelly, activist Kathy Forck and Our Lady鈥檚 Inn President and CEO Peggy Forrest 鈥 criticized the high court鈥檚 opinion after it was issued.
鈥淭his Missouri Supreme Court turned a blind eye and ruled Missourians don鈥檛 have to be fully informed about the laws their votes may overturn before signing initiative petitions,鈥 the four said in a statement.
Chuck Hatfield, attorney for Missourians for Constitutional Freedom, told the Supreme Court Tuesday morning that according to the Missouri Constitution, the people reserve the power to propose amendments to the constitution by the initiative independent of the General Assembly.
鈥淭he question is whether the court system is going to honor the will of the people, their reservation of that power, or whether we鈥檙e going to allow a small group of people to take that power over an issue of form,鈥 Hatfield said.
And making the case that it didn鈥檛 violate state requirements, lawyers for the campaign also argued the amendment wouldn鈥檛 repeal any laws and that courts would decide in the future which laws are overturned.
But Mary Catherine Martin, attorney for the four plaintiffs, said the petition didn鈥檛 meet legal requirements to be on the ballot.
鈥淭hese requirements protect voters,鈥 Martin said. 鈥淭hey require them to be fully informed.鈥
Attorneys for Missourians for Constitutional Freedom also asked the high court to hold Secretary of State Jay Ashcroft in contempt for his action Monday to decertify the question for the ballot ahead of the Tuesday court hearing.
Hatfield said Tuesday morning the Supreme Court would decide whether the question is on the ballot. But Ashcroft 鈥渏ust decertified it,鈥 Hatfield said. 鈥淚t鈥檚 open contempt for your authority.鈥
Josh Devine, attorney for Ashcroft, said case law gave the secretary the authority to remove the question.
The Supreme Court overruled the motion to hold Ashcroft in contempt. The court noted Ashcroft initially certified the question for the ballot before the statutory deadline to do so in August.
鈥淎ny action taken to change that decision weeks after the statutory deadline expired is a nullity and of no effect,鈥 the court said.
In a statement, Ashcroft expressed disappointment after the ruling Tuesday.
鈥淚 am disappointed in today鈥檚 court ruling and curious to read the opinion to see how they came to that conclusion,鈥 he said. 鈥淚 would encourage every Missourian, before they vote, to read the actual text of this amendment.鈥
Major campaigns supporting and opposing Amendment 3 have devoted little public messaging to the proposed fetal viability standard as Election …
Amendment 3 supporters Luz Maria Henriquez, second from left, executive director of the ACLU Missouri, and Mallory Schwarz, center, of Abortion Action Missouri, celebrate with others Sept. 10, 2024, in Jefferson City after the Missouri Supreme Court ruled that Amendment 3 to enshrine abortion rights in the state constitution would stay on the November ballot.
Mary Catherine Martin, center, of the conservative Thomas More Society, is surrounded by abortion opponents as she speaks to the media Tuesday, Sept. 10, 2024, in Jefferson City after arguing before the Missouri Supreme Court to remove Amendment 3 from the November ballot.
Abortion opponents stand outside the Missouri Supreme Court in Jefferson City on Tuesday, Sept. 10, 2024, as Chuck Hatfield, center left, an attorney for Missourians for Constitutional Freedom, leaves court after arguing before judges to keep Amendment 3 on the November ballot.
Missouri Supreme Court Chief Justice Mary R. Russell asks questions of attorneys as the court hears a case on Tuesday, Sept. 10, 2024, in Jefferson City questioning whether an amendment to overturn the state鈥檚 abortion ban will remain on the state鈥檚 November ballot.