Missouri court allows abortion initiative

COLUMBIA, Mo. — The Missouri Supreme Court on Thursday ordered the Republican attorney general to stand down and allow an initiative petition to legalize abortion in the state to move forward.

The judges unanimously affirmed a lower court’s decision that Attorney General Andrew Bailey must approve the cost estimate provided by the auditor, despite his insistence that the cost to taxpayers of restoring abortion rights could be as much as a million times higher.

Because Bailey refused to approve Republican Auditor Scott Fitzpatrick’s estimate, the secretary of state has not been able to give the amendment the necessary stamp of approval for supporters to begin gathering voter signatures to put it on the ballot in 2024.

In Thursday’s order, the court found that Bailey’s stonewalling meant plaintiff Anna Fitz-James, who was represented by the ACLU of Missouri, lost out on nearly 100 days that she could have been collecting signatures.

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

ACLU of Missouri Executive Director Luz María Henríquez applauded the decision but added that “it is clear that some who hold office will not hesitate to trample the Constitution if it advances their personal interests and political beliefs.”