Missouri – On September 20, 2024, the Missouri Supreme Court issued its opinion in Colman et al. v. Ashcroft, revealing a split decision of 4-3 to keep Amendment 3, the state’s “Reproductive Freedom” ballot initiative, on the November ballot. The ruling reversed a lower court judgment that had previously found the petition for the initiative in violation of state law.
In her dissenting opinion, Judge Kelly Broniec argued that the majority’s decision led to “an absurd result contrary to the plain language” of the state law. She contended that the ballot initiative petition failed to inform voters about the specific laws or constitutional provisions that would be repealed if Amendment 3 were passed. Broniec also emphasized that a number of Missouri’s laws could be overturned, including the Right to Life of the Unborn Child Act, parental consent and notification laws, and the state’s waiting period for abortions, among others.
The majority opinion countered this, stating that removing Amendment 3 from the ballot would infringe on the people’s constitutional right to propose initiatives. The opinion disagreed with Broniec’s interpretation of the law requiring petitions to specify which laws would be repealed. The majority argued that the law does not suggest that a proposed constitutional amendment—if approved—automatically “repeals” any conflicting statutes. Instead, the majority emphasized that determining whether a statute conflicts with the Constitution is a judicial function, not a legislative one.
With this ruling, Missouri voters can expect to see Amendment 3 on their ballots this November.
