On Friday night, a Missouri judge handed down a ruling that could threaten voters’ abilities to enshrine reproductive rights in the state’s constitution this November. It is a massive setback for one of most consequential abortion ballot measures this year.
After the Supreme Court overruled Roe in its June 2022 decision in Dobbs v. Jackson Women’s Health Organization, Missouri began enforcing its near-total abortion ban that had been dormant until Dobbs. Soon after, activists began pushing for a ballot measure, Amendment 3, to bring back abortion to the state. In May, organizers in Missouri turned in more than 380,000 signatures in their bid to get the proposed amendment on the ballot, compared to the 172,000 required.
The proposed amendment stipulates that the government cannot “deny or infringe upon a person’s fundamental right to reproductive freedom” and that abortion cannot be restricted in the state before fetal viability. It also says that life and health exceptions must be respected and that people cannot be prosecuted for helping someone obtain an abortion or for their own pregnancy outcomes.
On Friday, Cole County Circuit Judge Christopher Limbaugh ruled that the proposed Amendment 3 should be removed from the November ballot because it does not specify which specific anti-abortion laws it would repeal. (Advocates say that exact laws for repeal would be determined by future lawsuits.)
In his ruling, Limbaugh wrote that he “recognizes the gravity of the unique issues involved in this case” and would stay his ruling until Tuesday, “so that further guidance or rulings can be provided by a reviewing court.”
In a statement, Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, the group behind the ballot measure initiative, called the judge’s decision a “profound injustice,” adding that the group plans to appeal. “Our fight to ensure that voters—not politicians—have the final say is far from over,” Sweet said.
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