MO’s Radical Abortion Amendment Could Be Yanked From Ballot
A proposed amendment in Missouri that aims to legalize abortion at any stage of pregnancy may be removed from the November ballot following a ruling by Cole County Circuit Judge Christopher Limbaugh. The judge declared the amendment invalid, citing the petition’s failure to meet state law requirements that mandate clear disclosure of which existing laws would be repealed. Limbaugh noted that the proposal, brought forth by Missourians for Constitutional Freedom (MCF), lacked necessary Disclaimers regarding its wide-ranging implications.
The ruling came after a lawsuit initiated by pro-life legislators and activists, arguing for voters’ constitutional right to understand the consequences of their decisions on initiative petitions. They contended that the amendment, which would establish a “right to reproductive freedom” in the state constitution, could undermine current restrictions on abortion in Missouri, which are typically permitted only in cases of medical emergencies.
Judge Limbaugh stated that while the ruling did not call for the immediate removal of the amendment, he warned that the petitioners must appeal by the Sept. 10 deadline to prevent it from being excluded from the ballot. MCF described the ruling as a “profound injustice” and plans to appeal the decision. If passed, the amendment could significantly alter the state’s abortion regulations and invalidate existing protections for women and unborn children.
A proposed amendment that would legalize abortion through all nine months of pregnancy in Missouri could get yanked from the November ballot after Cole County Circuit Judge Christopher Limbaugh ruled it invalid.
Missouri law mandates that petitions like the unlimited abortion petition filed by the ill-named Missourians for Constitutional Freedom (MCF) earlier this year “include all sections of existing law or of the constitution which would be repealed by the measure.” Limbaugh, however, found that the petition to add abortion through birth to the ballot “included no Disclaimer or any equivalent to a Disclaimer” that warned Missourians about the extent of its reach.
“The full and correct text failed to identify any ‘sections of existing law or of the constitution which would be repealed by the measure,’” Limbaugh wrote.
In his decision, Limbaugh claimed the “unique issues involved” and the “lack of direct precedent” kept him from removing the amendment on the spot.
He warned the petitioners, however, that they only have until the constitutional ballot printing deadline on Tuesday, Sept. 10 to appeal the ruling before the measure faces removal. MCF, which called Limbaugh’s ruling a “profound injustice,” swore to appeal.
Limbaugh’s ruling stems from a lawsuit filed by pro-life legislators and activists against Missouri Secretary of State Jay Ashcroft. They argued that “Missourians have a constitutional right to know what laws their votes would overturn before deciding to sign initiative petitions.”
Ashcroft’s office certified the proposed amendment in August after Missouri Republicans failed to curb the abortion activists’ deceptive efforts to sneak unlimited abortion into the deep red state. Instead of killing Democrats’ 50-hour filibuster and passing legislation that would have fortified the constitutional amendment, the state’s GOP senators adjourned the upper chamber instead.
Missouri law currently bars abortions “except in cases of medical emergency.” The proposed amendment, however, would permanently permit abortion by adding a “right to reproductive freedom” to the state constitution.
The fair ballot language included on the Missouri Secretary of State’s website accurately notes that the amendment authorizes “abortion at any time of a pregnancy.” The amendment’s deliberately vague wording, however, would allow anyone in the state to “make and carry out decisions about all matters relating to” what it calls “reproductive health care.”
The proposed amendment would also hinder legislators from enacting regulations “designed to protect women undergoing abortions and prohibit any civil or criminal recourse against anyone who performs an abortion and hurts or kills the pregnant women,” effectively rendering Missouri’s many current protections for women and babies moot.
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