The Missouri Supreme Court has rejected an appeal regarding the wording of a ballot question on abortion access in the state. Currently, abortion is only allowed in cases of medical emergency in Missouri, but advocates for broader access to the procedure want to present the question directly to voters next year.
In all seven states where abortion has been on the ballot since the Roe v. Wade decision was overturned, voters have either supported protecting abortion rights or rejected attempts to limit them. Missouri is now facing the challenge of how to word the question that may appear on the ballot.
Secretary of State Jay Ashcroft proposed asking voters whether they support “dangerous and unregulated abortions until live birth.” However, a state appeals court deemed the wording politically biased. Ashcroft appealed the decision, but the Missouri Supreme Court declined to hear his argument.
Summaries are used on Missouri ballots to assist voters in understanding lengthy and complex constitutional amendments and other proposals. Ashcroft, who is running for governor in 2024, maintains that his wording accurately reflects the scope of the proposed abortion rights measures.
The American Civil Liberties Union (ACLU) of Missouri stated that the repeated rejection of Ashcroft’s arguments confirms that his case lacks legal merit. Ashcroft, the son of former governor, U.S. senator, and U.S. attorney general John Ashcroft, is one of four Republicans who have announced their candidacies for governor next year.
The original description of the proposed abortion amendments, which could appear on the 2024 ballot if enough voter signatures are gathered, would have asked whether voters want to allow “dangerous, unregulated, and unrestricted abortions, from conception to live birth, without requiring a medical license or potentially being subject to medical malpractice.”
In October, an appeals court panel determined that allowing unrestricted abortion throughout all nine months of pregnancy is not a probable outcome of the initiatives. The panel largely upheld summaries written by a lower court judge to ensure impartiality. These summaries inform voters that the amendments would establish a right to make decisions about reproductive health care, including abortion and contraceptives, and remove Missouri’s current ban on abortion.
Missouri’s current law classifies most abortions as felonies punishable by five to 15 years in prison for those who perform or induce them. Medical professionals who violate the law may also face license revocation, but women who undergo abortions are not subject to prosecution.
Recently, Ohio voters approved a constitutional amendment guaranteeing access to abortion and other reproductive health care options. Maryland and New York will have measures to protect abortion access on their 2024 ballots, while various states are either pushing for greater access or seeking to restrict it through legislative efforts or petition drives.
Efforts to protect or expand access to abortion are underway in Arizona, Florida, Nevada, and South Dakota, while Iowa, Nebraska, and Pennsylvania are working to restrict it. Colorado is involved in drives for both types of measures.
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