In a significant legal battle, the Missouri Supreme Court is under pressure to decide whether an abortion-rights amendment will remain on the November 5 ballot. The court must determine if the campaign behind Amendment 3 complied with state law in drafting its initiative petition, which aims to legalize abortion up until the point of fetal viability and protect other reproductive rights. The court's decision is expected to be swift, as the deadline to remove a question from the ballot is looming at 5 p.m.

The lawsuit was filed by a group of anti-abortion lawmakers and activists who claim that the initiative petition failed to specify the specific existing laws that would be repealed if the amendment were to pass. According to Missouri law, initiative petitions must include all sections of existing law or the constitution that would be repealed by the proposed measure. After a bench trial last Friday, Cole County Circuit Judge Christopher Limbaugh ruled in favor of the plaintiffs, recommending the removal of the measure from the ballot. However, the final authority rests with the higher court, hence the Supreme Court's pivotal role in the case.

The attorneys representing the anti-abortion advocates argued that this case is unprecedented, highlighting the novel nature of Amendment 3's attempt to encompass various subjects under the umbrella of reproductive freedom. On the other hand, the attorneys defending the campaign behind the amendment contended that the initiative did not violate the law since it would not directly repeal any part of existing legislation. They emphasized that constitutional amendments have the potential to render certain statutes invalid through subsequent legal action.

The pivotal issue at hand is whether the initiative petition illegally encompassed more than one subject. While Judge Limbaugh did not rule on this matter, it is now up to the Missouri Supreme Court to address it. Both sides agreed that this case is groundbreaking due to its unique nature and potential implications for direct democracy.

Tori Schafer, an attorney with the ACLU of Missouri, expressed concern that the removal of the measure from the ballot could disenfranchise hundreds of thousands of voters and undermine their right to engage in direct democracy. She argued that this case is fundamentally about protecting the people's right to vote on abortion and other related issues.

Amendment 3 would establish the constitutional right to an abortion until fetal viability and grant constitutional protections to other reproductive health care services, such as in-vitro fertilization and birth control. Currently, abortion is illegal in Missouri with limited exceptions for medical emergencies. The impact of the measure, if passed, would be significant as thousands of Missourians travel to neighboring states, such as Kansas and Illinois, each year to access abortion services.

In a surprising development, Missouri Secretary of State Jay Ashcroft decertified the ballot measure just before the Supreme Court hearing. Ashcroft stated that he had mistakenly certified Amendment 3 and believed he had the authority to rescind his decision. Attorneys representing Ashcroft defended his actions, arguing that the appeal had become moot. However, this move faced strong opposition from the attorneys representing the campaign behind the amendment, who requested that Ashcroft be held in contempt of court for violating the court's stay order.

As the Missouri Supreme Court now weighs the arguments presented before them, their decision will greatly impact the fate of Amendment 3 and the future of abortion rights in the state. The court's ruling holds immense significance for the citizens of Missouri and their ability to exercise their right to vote on this contentious issue.