The Missouri Supreme Court is now tasked with determining whether voters will have the opportunity to decide on the legalization of abortion. Arguments were heard Tuesday in a case stemming from a dispute between Republican officials that has stalled the amendment's progress. The judges provided no timeline for their ruling.
At the heart of the matter is a proposed constitutional amendment that would guarantee individual rights concerning abortion, childbirth, and birth control. Supporters of abortion rights drafted the amendment following Missouri's near-total abortion ban last summer. Their efforts to place the measure on the 2024 ballot have been hampered since April, when Attorney General Andrew Bailey, a Republican, refused to sign off on the cost estimate provided by Republican State Auditor Scott Fitzpatrick. This approval is necessary before signature gathering can begin.
Abortion rights advocates subsequently filed a lawsuit, and a circuit court judge ordered Bailey to approve the estimate last month. However, Bailey has appealed to the Supreme Court, seeking to uphold his refusal. During Tuesday's hearing, ACLU attorney Tony Rothert urged the judges to compel Bailey to act, arguing that he is effectively holding the initiative “hostage.” Rothert characterized the attorney general's actions as an unprecedented threat to Missouri's system of direct democracy.
Assistant Attorney General Jason Lewis defended Bailey's position, claiming Fitzpatrick's office employed flawed methodologies to arrive at their estimated annual cost of at least $51,000 in reduced local tax revenue. Lewis countered with a drastically higher potential cost, suggesting a figure as high as $12.5 billion annually due to decreased tax revenue from fewer births and the potential loss of federal Medicaid funding. He asserted the auditor should have conducted a more thorough analysis.
Representing the Auditor’s Office, attorney Robert Tillman accused the Attorney General’s Office of employing legal maneuvering to justify obstructing the process. Tillman emphasized that the figures presented were objective, stating, "numbers are numbers."
