A Missouri appeals court has issued new ballot language for a constitutional amendment that would ban abortions.
The panel of three judges heard arguments Wednesday in Kansas City over whether the Republican-led Missouri Legislature erred in the crafting of the amendment and whether Secretary of State Denny Hoskins wrote ballot language that sufficiently informed voters of the changes it would impose.
Hoskins already rewrote the language once, as ordered by a Cole County judge who subsequently approved it. Afterward, Dr. Anna Fitz-James, who helped write the 2023 amendment enshrining the right to an abortion, disagreed, and appealed the decision.
In Thursday’s decision, the appellate court granted many points made by attorneys for Fitz-James, and denied only one — her argument that the amendment was unconstitutional because it contains two subjects.
“While we agree with the circuit court that (the amendment) passes constitutional muster, we conclude that both statements fail to sufficiently advise voters that (the amendment), if enacted, would repeal and replace article I, section 36, as well as inform voters of its additional effects,” wrote Judge Janet Sutton in the majority opinion, cosigned by presiding Judge Douglas Thomson and Judge Thomas Chapman.
The new summary makes it clearer that voting ‘yes’ would repeal the abortion rights established by voters last year, and would limit the circumstances under which an abortion could be legally performed in Missouri. It would also restrict gender-affirming care for minors.
Fitz-James’ attorneys argued the summary statement written by Hoskins was “a mess” that suggested to voters a right was being established, rather than that an existing right was being taken away.
Attorneys from Hoskins’ office argued Fitz-James was exhibiting “doctrinal amnesia” and ignoring precedent. They also suggested Hoskins simply needs to write language that is sufficient, not perfect.
Despite Thursday’s ruling, the matter is likely still unfinished. Hoskins has the option to appeal the decision in the Missouri Supreme Court.
Voters will take up the measure on the November 2026 ballot.
