Missouri Judge Blocks Abortion Measure, Appeals Still Possible \ Newslooks \ Washington \ Mary Sidiqi \ Evening Edition \ A Missouri judge ruled that an abortion-rights campaign failed to meet the legal criteria to qualify for the November ballot, casting doubt on efforts to reverse the state’s near-total abortion ban. However, the judge allowed the campaign to appeal before the upcoming deadline. The group, Missourians for Constitutional Freedom, plans to fight the decision, aiming to protect abortion access and reproductive rights.
Missouri Judge Blocks Abortion Measure, Quick Looks
- Missouri judge ruled abortion-rights campaign did not meet ballot requirements.
- The campaign still has time to appeal before the ballot deadline.
- Missourians for Constitutional Freedom plans to file an appeal.
- Judge Limbaugh cited lack of voter information during signature gathering.
- Nine other states will consider abortion amendments in upcoming elections.
- Missouri’s 2022 abortion ban remains largely in effect with few exceptions.
- The legal battle may impact the future of reproductive rights in Missouri.
Deeper Look
On Friday, a Missouri judge ruled that an abortion-rights campaign did not meet the legal requirements to qualify its measure for the November ballot, potentially stalling efforts to overturn the state’s near-total ban on abortions. However, Cole County Circuit Judge Christopher Limbaugh did not remove the measure entirely, giving the campaign a brief window to file an appeal before the Tuesday deadline to amend the Missouri ballot.
The group Missourians for Constitutional Freedom, which spearheaded the campaign, quickly announced plans to appeal the ruling. Campaign manager Rachel Sweet expressed optimism in a statement, hoping for “a swift resolution so that Missourians can vote on November 5 to protect reproductive freedom, including access to abortion, birth control, and miscarriage care.”
Sweet criticized the court’s decision, calling it a “profound injustice” to both the petition process and the 380,000 Missourians who signed the petition in favor of the ballot measure. Judge Limbaugh’s ruling stated that the campaign did not do enough during the signature-gathering phase to inform voters that the measure would effectively overturn the state’s existing abortion ban. However, he acknowledged the complexity of the case and the absence of clear legal precedent, granting a stay on the injunction until the statutory deadline on September 10, 2024, to allow time for further judicial review.
Across the U.S., at least nine states, including Arizona, Colorado, Florida, and Maryland, will vote on constitutional amendments this fall that could enshrine abortion rights. Most of these proposals would guarantee abortion access up to fetal viability and allow for exceptions if the pregnant woman’s health is at risk, mirroring the Missouri amendment’s goals.
In Missouri, abortion rights supporters have faced a tough legal road. Following the U.S. Supreme Court’s 2022 decision to overturn Roe v. Wade, Missouri implemented one of the strictest abortion bans in the country, with exceptions only for medical emergencies. Almost no abortions have taken place in the state since then. Despite women being shielded from criminal charges, those who perform abortions outside of narrow exceptions could face felony charges.
The recent court ruling stems from a lawsuit filed by abortion opponents seeking to block the Missouri amendment. Plaintiffs argued that many signers of the petition might have been misled about the wide-ranging impact of the amendment, claiming it could invalidate numerous abortion-related laws. Attorney Mary Catherine Martin, representing the plaintiffs, said that voters may not have supported the petition had they been fully informed about the laws that would be repealed.
On the other side, Loretta Haggard, a lawyer for the abortion-rights campaign, maintained that the amendment’s legality should be determined by future courts and not by speculative rulings. In court briefs, campaign lawyers asserted that courts should refrain from offering “advisory opinions” about whether a proposal, if enacted, would violate the law.
Missouri’s ACLU chapter, local Planned Parenthood organizations, and the group Abortion Action in Missouri have been advocating for a return of abortion rights since the state’s ban was imposed. The proposed amendment by Missourians for Constitutional Freedom seeks to ensure the right to abortion and protect broader reproductive health decisions, which could significantly reshape the landscape of reproductive rights in Missouri if it makes it to the ballot and passes.
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