Missouri Supreme Court Rejects Appeal on Abortion Ballot Summary and Cost Estimates
The Missouri Supreme Court has denied an appeal by Secretary of State Jay Ashcroft regarding the ballot summary for initiative petitions seeking to legalize abortion in the state constitution. The court also rejected an appeal seeking to reject cost estimates prepared by Auditor Scott Fitzpatrick. These decisions were made on Monday evening, less than a week after Ashcroft requested the court to intervene.
Ashcroft has been attempting to maintain the wording of a ballot summary he crafted for several abortion-rights initiative petitions, claiming that they would allow for dangerous, unregulated, and unrestricted abortions. These initiatives were proposed by St. Louis physician Anna Fitz-James on behalf of Missourians for Constitutional Freedom, a political action committee.
As the secretary of state, Ashcroft was responsible for writing short neutral summaries for each of the 11 ballot proposals to be presented to voters on Election Day. However, Fitz-James, supported by the ACLU of Missouri, challenged the language used in six of the initiatives. The supporters of the initiatives have not yet announced which version they will pursue in collecting signatures, but each version includes language stating that there must be a compelling government interest for abortion restrictions to be implemented.
Ashcroft’s summaries were deemed replete with politically partisan language by a state appeals court on October 31. Judge Thomas Chapman stated that the use of the term right to life was not impartial. Despite the court’s decision, Ashcroft stands by his summary language, arguing that it accurately reflects the scope and magnitude of each petition.
In a separate attempt to have abortion on the 2024 ballot, GOP operative Jamie Corey filed an initiative petition that would add exceptions to the state’s abortion ban, including cases of rape or incest, and legalize abortion up to 12 weeks gestation. Corey also sued Ashcroft over the ballot summary he wrote for her original petitions.
For any of the abortion amendments to appear on the 2024 ballot, proponents must gather over 170,000 signatures from registered voters by May.
Abortion has been illegal in Missouri since June 2022, when a trigger law went into effect immediately after the U.S. Supreme Court overturned the Roe v. Wade decision. Currently, abortion is only permitted in emergencies where the mother’s life is at risk or when there is a serious risk of substantial and irreversible physical impairment.
