Will Missouri vote on abortion rights? Why fate of amendment is up to state Supreme Court

The fate of a constitutional amendment to overturn Missouri’s near-total abortion ban is now in the hands of the state Supreme Court after a judge ruled against the measure on Friday.

The state’s highest court is scheduled to hear the case Tuesday morning, setting up a monumental decision that could decide whether the measure will appear on the Nov. 5 ballot. Tuesday is also the deadline to finalize ballots for printing.

Friday’s ruling from Cole County Circuit Judge Christopher Limbaugh sent shockwaves through the state, finding that the abortion rights measure was legally insufficient.

Specifically, Limbaugh found that the amendment, which was filed by Anna Fitz-James, a retired doctor, did not adequately describe the existing state laws that would be changed by the proposal.

“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. He put a stay on his decision to give time for a higher court to weigh in, which means that the measure remains on the ballot for now.

Attorneys for the abortion rights campaign quickly appealed the ruling and have asked the Supreme Court to allow the measure to remain on the ballot while the legal case plays out. Abortion rights supporters held a video call Sunday evening in which they expressed confidence that the measure would stay on the ballot.

Here’s what you need to know ahead of Tuesday’s oral arguments.

When will the Supreme Court hear the case?

The Missouri Supreme Court has scheduled oral arguments in the case for 8:30 a.m. on Tuesday in Jefferson City. A decision could come later in the day on Tuesday.

What will the court be deciding?

The Missouri Supreme Court will decide whether to uphold Limbaugh’s finding that the abortion rights amendment was insufficient for the ballot. Abortion rights supporters appealed that ruling and are asking to keep the measure on the ballot.

The case sets up several different scenarios: the court could block the measure from the ballot; it could dismiss the case and keep it on the ballot; or, the court could keep the measure on the ballot while the ongoing court case unfolds.

What did Limbaugh’s decision say?

Cole County Circuit Judge Christopher Limbaugh found that the abortion rights amendment was in “blatant violation” of a requirement that he said requires constitutional amendments to describe which laws the proposal will change.

The ruling was in favor of a lawsuit brought by two Republican state lawmakers and an anti-abortion activist late last month.

Missouri Abortion Ruling by The Kansas City Star on Scribd

Who is Christopher Limbaugh?

Missouri Gov. Mike Parson appointed Limbaugh to the newly-created position in the 19th circuit in Cole County on Aug. 2. Limbaugh previously served as Parson’s general counsel.

Limbaugh was also previously floated as a potential candidate to replace Eric Schmitt as Missouri’s attorney general after he was elected to the U.S. Senate. The son of a federal court judge, Limbaugh is a cousin to the late conservative talk radio host Rush Limbaugh.

What are the arguments against Limbaugh’s ruling?

Attorneys for the abortion rights campaign filed a 50-page brief in support of their appeal Monday morning. The brief argues that Limbaugh’s ruling was incorrect.

The attorneys argued in the brief that the amendment does not explicitly repeal state laws. State law, the attorneys said, does not require constitutional amendments to speculate which laws could be considered invalid by a proposal.

Emily Wales, the president and CEO of the advocacy arm of Planned Parenthood Great Plains, said during a video call with supporters on Sunday that Limbaugh got it wrong.

Limbaugh “said the language should have counted and outlined every current law that the new constitutional right might affect,” Wales said.

“But that’s not how this works. Time and again, Missourians have passed constitutional changes, and the courts then examine old laws to make sure they comply with the will of the voters,” she said. “Missouri’s Constitution sets up a process for people to participate in democracy, not a process designed to trip them up.”

What would the amendment do?

The proposed constitutional amendment, called Amendment 3, would enshrine the right to an abortion in the state constitution while also giving lawmakers some leeway to regulate the procedure after fetal viability.

Under the amendment, fetal viability is defined as the point in a pregnancy when a health care professional decides, based on the facts of the situation, “there is a significant likelihood of the fetus’s sustained survival outside of the uterus without the application of extraordinary medical measures.”

Missouri became the first state in the nation to enact a ban on abortion after the U.S. Supreme Court struck down the federal right to the procedure in 2022.

Is the amendment still on the ballot?

As of Monday, the amendment remains on the Nov. 5 ballot. The Supreme Court has upheld Limbaugh’s stay on the ruling that keeps the measure on the ballot.

Is there a separate attempt to remove it from the ballot?

Missouri Secretary of State Jay Ashcroft on Monday sent a letter to the abortion rights campaign, claiming to have rejected the amendment from the ballot in the wake of Limbaugh’s ruling. Ashcroft had already certified the measure last month and his attorneys defended his certification last week.

Rachel Sweet, campaign manager for the main campaign in favor of the amendment, said in a statement that the Supreme Court had jurisdiction over the amendment — not Ashcroft.

“We are confident the Court will order the Secretary of State to keep Amendment 3 on the ballot so that Missourians can vote to end Missouri’s abortion ban on November 5,” Sweet said.

What does Kansas City’s mayor think of the ruling?

Kansas City Mayor Quinton Lucas, as well as the mayors of St. Louis and Columbia and the executive of St. Louis County, filed a brief in support of the amendment on Monday. The brief argues that voters should be allowed to vote on the amendment.

Lucas said in a statement that Limbaugh’s ruling was “silencing voters’ voices and undermining the principles of democratic self-government that this State and Country were founded on.”

“The amendment to restore reproductive healthcare freedom for Missouri women, which met all legal requirements, deserves a fair public vote,” Lucas said.