Court Orders Mo. AG to Proceed With Abortion Ballot Initiative

The Supreme Court of Missouri ordered Republican Attorney General Andrew Bailey on Thursday to move forward with a statewide ballot initiative to legalize abortion.

In the ruling, Missouri’s high court found that Bailey provided “incorrect” arguments to delay approving the ballot measure, hampering supporters’ ability to collect signatures for it to appear on the ballot next year.

Justices further sided with plaintiff Dr. Anna Fitz-James, represented by the American Civil Liberties Union of Missouri, in forcing Bailey to approve the auditor’s fiscal assessment by 1 p.m. local time Friday.

“Until the official ballot title is certified — a critical step being held up solely by the Attorney General’s unjustified refusal to act — Fitz-James cannot challenge that title in circuit court or circulate her petitions,” the decision read.

“Fitz-James’s constitutional right of initiative petition is being obstructed, and the deadline for submitting signed petitions draws nearer every day,” it added.

Bailey, they argued, has the authority to review only the “legal content and form” of the auditor’s reports — “not their substance.”

ACLU Missouri Executive Director Luz María Henríquez applauded the results in a press release but condemned Bailey’s alleged moves to hinder the process.

“While today is a tremendous victory for Missourians and the right to direct democracy, it is clear that some who hold office will not hesitate to trample the constitution if it advances their personal interests and political beliefs,” Henríquez stated.

Meanwhile, a spokeswoman for the state attorney general said his office disagreed “with the court’s decision, as we believe Missourians deserve to know how much this amendment would cost the state, but we will respect the court’s order.”

The proposed ballot initiative seeks to enshrine the right for women to make decisions about abortion, birth control, childbirth, and other pregnancy-related issues in the Missouri Constitution.

While Missouri is typically conservative-leaning, ballot measures to tighten abortion laws have failed recently in similar states like Kansas, Kentucky, and Montana, Vox noted.

However, a serious ballot attempt to expand abortion rights in a red state, like what activists are pushing for in Missouri, has not yet been attempted over the past several election cycles.