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Missouri Supreme Court to decide whether abortion law change will be put to voters
Washington

Missouri Supreme Court to decide whether abortion law change will be put to voters

JEFFERSON CITY, Missouri (AP) — The Missouri Supreme Court on Tuesday considered whether to put an abortion law amendment to voters this year.

At issue is a proposal to enshrine the right to abortion in the state constitution, along with citizens’ rights to make other reproductive health care decisions. If enacted, the measure is widely expected to overturn the state’s nearly total ban on abortion in 2022.

The proposal was scheduled to be put on the ballot in November. But Republican Secretary of State Jay Ashcroft withdrew the bill’s certification on Monday and removed it from the ballot himself. A district judge had previously ruled on Friday that sided with anti-abortion activists and several Republican lawmakers who wanted to remove the amendment from the ballot.

Monday’s move by Ashcroft, an anti-abortion activist, is largely symbolic. The final word on the law is expected to come from the Supreme Court, which must make changes to November’s voting documents at 5 p.m. Tuesday. That gives the court just hours to make a decision after the morning hearing.

The amendment is part of a nationwide initiative to give voters a say in abortion since the U.S. Supreme Court overturned the Roe v. Wade decision in 2022. Missouri banned almost all abortions immediately afterward.

At least nine other states, including Arizona, Colorado, Florida, Maryland, Montana, Nebraska, Nevada and South Dakota, are considering constitutional amendments to enshrine abortion rights. Most would guarantee a right to abortion until the fetus is viable and allow it later for health reasons of the pregnant woman, which is also what Missouri’s proposal would do.

There is also a ballot bill in New York that supporters say would protect abortion rights, but there is disagreement about its effects.

A vote on this polarizing issue could draw more people to the polls, potentially affecting presidential outcomes in swing states, congressional majorities, and outcomes in hotly contested state offices. Democrats in Missouri, for example, are hoping to gain support from abortion rights supporters in the November election.

Legal battles have erupted across the country over whether voters should be allowed to decide these issues — and over the exact language on ballots and supporting materials. In August, Arkansas’ highest court upheld the decision not to put an abortion rights referendum on the state’s November ballot, agreeing with election officials that the group behind the initiative had failed to file proper records about the signature gatherers it had hired.

The legal challenge to the proposed change in Missouri relies on a state law that requires campaign teams to inform voters during the signature-gathering process of any laws that would be repealed by the proposed changes.

Attorneys for the plaintiffs wrote in a court brief that the Missouri Abortion Rights Campaign “defrauded potential signatories by failing to disclose any of the many provisions” of the Missouri law it seeks to repeal, including the state’s current ban.

Lawyers for the abortion rights campaign Missourians for Constitutional Freedom wrote that the case is about “whether people’s right to direct democracy is protected.”

“The district court’s decision threatens to bring our system of constitutional initiatives to a halt at the last minute,” the lawyers wrote. “Hundreds of thousands have exercised their power as citizens and want their fellow Missourians to vote on whether to amend the Constitution regarding abortion rights.”

In all seven states where abortion issues have been on the ballot since the Roe ruling was overturned, voters have sided with abortion supporters.

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