Missouri Supreme Court orders Republican state AG to let abortion ballot initiative go forward

21 July 2023

In deep red Missouri, abortion rights activists have been fighting to get an abortion initiative on the ballot. But Missouri Attorney General Andrew Bailey has been holding it up.

On Thursday, July 20, however, the Missouri Supreme Court unanimously ordered Bailey to let the measure go forward. The initiative would ask Missouri residents to vote on whether or not abortion should be illegal in the state.

The justices, according to the Associated Press, were critical of Bailey, describing his arguments against the measure as "incorrect" and "misleading."

Missouri resident Anna Fitz-James, a plaintiff in the case, is being represented by the Missouri ACLU. And the justices ruled that Bailey was violating her constitutional rights by holding the measure up.

The justices wrote, "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. Fitz-James' constitutional right of initiative petition is being obstructed, and the deadline for submitting signed petitions draws nearer every day."

The Missouri ACLU applauded the Court's ruling.

In an official statement, the Missouri ACLU's executive director Luz María Henríquezi seemed to be referencing Bailey when she said, "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."

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