Abortion Ballot Fight Hit with Last-Minute Curveball

Missouri Judge’s Ruling Throws Last-Minute Curveball in Abortion Ballot Fight

A Missouri judge’s recent ruling has thrown a surprising twist into the state’s abortion ballot fight, jeopardizing the fate of a proposed amendment that would have expanded abortion access in the state. The amendment’s supporters are now scrambling to appeal the decision, while opponents are celebrating the blow to their efforts.

According to the ruling, which was issued by Cole County Circuit Judge Christopher Limbaugh, the amendment violates Missouri state law. Limbaugh’s decision comes just weeks before the deadline for ballot printing, which means the fate of the amendment rests in the hands of the state supreme court.

At the heart of the matter is a dispute over how the amendment’s backers obtained the necessary signatures to get the measure on the ballot. Opponents of the amendment, including anti-abortion lawmakers and activists, challenged the signatures, arguing that the amendment’s backers had failed to adequately inform potential signers about the measure’s implications.

Limbaugh, who served as general counsel to Governor Mike Parson before being appointed to the court, agreed with opponents of the amendment, finding that the backers had "failed to list what existing laws would be repealed if" the amendment passed. In his ruling, Limbaugh stated that the amendment "is insufficient" and represents a "blatant violation" of the state’s statutory requirements.

As a result, Limbaugh declined to issue an injunction allowing time for proponents of the amendment to appeal ahead of the deadline. Instead, he ordered the amendment be removed from the ballot and scheduled a hearing for October 18 to consider whether to grant an emergency motion to stay his decision and allow the amendment to move forward.

The amendment at the center of the dispute would have repealed Missouri’s near-total abortion ban and allowed for abortion until the point of fetal viability, typically around 24 weeks of pregnancy. The debate over the amendment has attracted national attention, with Missouri becoming the first state to ban almost all abortions in the wake of the U.S. Supreme Court’s decision to overturn Roe v. Wade.

Challenges to the Amendment’s Validity

Opponents of the amendment have presented several challenges to its validity, including claims that:

1. The petition was misleading: The initiative petition did not adequately disclose the amendment’s implications and may have misled potential signers.
2. The amendment includes multiple subjects: The petition includes not only the abortion amendment but also provisions related to reproductive freedom, cloning, and gender-affirming care.
3. The amendment is unconstitutional: According to opponents, the amendment violates the Missouri Constitution, which requires that constitutional amendments be limited to a single subject.

Consequences of the Ruling

The ruling has significant consequences for the future of the amendment and the abortion rights movement in Missouri. The amendment’s backers are still seeking to appeal the decision, but the clock is ticking. If the decision stands, the amendment would be removed from the ballot, and the status quo would be maintained.

Alternatively, if the amendment does make it to the ballot, the outcome is still uncertain. Missouri is considered a conservative state, but the amendment’s backers say they have a strong momentum behind them. If approved, the amendment would provide a significant victory for pro-choice advocates and potentially challenge the abortion bans in effect in other states.

Conclusion

The Missouri abortion ballot fight has taken another unexpected turn, with Judge Limbaugh’s ruling now hanging in the balance. As the debate continues to unfold, one thing is clear: the stakes could not be higher. Whatever the outcome, the struggle for reproductive rights in the United States will continue.

FAQs

What is the purpose of Amendment 3?

Amendment 3 aims to expand abortion access in Missouri, allowing for abortion until fetal viability, typically around 24 weeks of pregnancy.

Why did Judge Limbaugh rule against the amendment?

Judge Limbaugh found that the amendment’s backers did not adequately inform potential signers about the measure’s implications and that the amendment includes multiple subjects, including reproductive freedom, cloning, and gender-affirming care.

What are the consequences of the ruling?

If the decision stands, the amendment would be removed from the ballot, maintaining the status quo. However, if the amendment is allowed to move forward, the outcome is still uncertain, and the fate of the amendment will be determined by Missouri voters.

Who is behind the amendment’s opposition?

Opponents of the amendment include anti-abortion lawmakers and activists, as well as Governor Mike Parson, who has signaled his support for the proposed ban.