Friend,

?

Missourians for Constitutional Freedom launched this morning to collect signatures for a ballot initiative putting reproductive freedom into the state constitution.

?

The group selected between 11 different petitions that were filed for this election cycle. All 11 of these petitions ended up in court. First, Attorney General Andrew Bailey thought he was King Andrew Bailey. He delayed signature collection in court for months when he tried to take over the state Auditor's job.

Then, Secretary of State Jay Ashcroft put forward deceptive, biased ballot language that was defended by Bailey and again delayed the process for months more in court before judges had to rewrite the entire summary for them.

?

Now, after many months of delays, Missourians will be able to collect signatures to put the issue to voters and reverse Missouri's extreme abortion ban.

?

It won't be easy, but it is doable with enough volunteers and support. Over 170,000 registered voters will need to sign the petition by the May deadline, which really means over 300,000 will need to sign to ensure enough valid signatures are included. Both Ashcroft and Bailey have publicly indicated that preventing abortions is more important to them than following the law, so they likely aren't done yet.

?

?

What about the petition that is currently being circulated for signatures?

That petition does not have much support and includes a lot of problematic language. It's also still going through the court process and isn't really finalized. If you have signed it, you can sign this one as well. If you haven't signed it yet and you see someone you don't know collecting signatures, make sure to check to see which version you're signing. We'll keep you updated in the event the other petition is no longer circulated.

?

?

What does this new petition do?

You can and should read the language here. It's not even very long.

?

First, the petition creates a constitutional right to reproductive freedom. That includes the right to make decisions regarding abortion care, prenatal care, childbirth, and birth control.

?

Second, the petition requires the government to overcome a big burden when restricting the right to reproductive freedom. The government must prove that any restriction is: (1) justified by a limited and compelling government interest, and (2) the restriction is narrowly targeted. For you court followers out there, this standard of review is akin to strict scrutiny and is the hardest level of review for governments to overcome. But this one goes further by limiting which interests the government can pursue. The petition makes it harder for the government to regulate reproductive health care.

?

Third, the petition does not permit abortions to be denied when the life, physical wellbeing, or mental health of the patient is in jeopardy, no matter when the abortion is being conducted. Outside of those situations, the petition does open the door to regulation of abortion after fetal viability. This is similar to Ohio's newly passed initiative.

?

Fourth, the petition prevents prosecution or penalization of, or government discrimination against, those who receive abortions or people helping folks access abortion care. Especially given some legislative proposals targeting charitable organizations and even empowering law enforcement officers to interrogate visitors to Missouri who later become pregnant, this provision is an important one.

?

?

Will this overturn Missouri's abortion restrictions immediately?

Some restrictions will be eliminated immediately, like Missouri's extreme abortion ban, but others will not. Missouri has placed a lot of restrictions on abortion care especially. The petition will not reverse all of these laws and regulations immediately. Some will need to be challenged in court under the new, higher standard of review. If this petition is placed on the ballot by Missourians and passes, unless legislators review the laws themselves, Missourians should expect this petition to result in significant litigation over the next few years.

?

The petition does not discuss the Attorney General's role in enforcement of Missouri's abortion laws. That office will still play a very large role in the reproductive health care landscape in Missouri.

?

?

If you have any questions, feel free to send them my way. We'll put together an online town hall on this topic soon.

?

?

Yours,

Elad