Judge rewrites Missouri abortion amendment summary

Cole County Circuit Court Judge Cotton Walker on Thursday ruled that Missouri Secretary of State Jay Ashcroft inaccurately summarized a pro-abortion ballot measure. Ashcroft’s description was set to appear before voters when they cast their November ballots. But Walker found the description to be misleading and unfair and subsequently rewrote the summary in his ruling. His ruling came in response to a lawsuit by one pro-abortion voter.

What was the problem with Ashcroft’s summary? The measure seeks to amend the Missouri Constitution to grant mothers the right to abort their unborn babies up to the point of fetal viability. Before the unborn baby can survive outside the womb, the state is not allowed to infringe on the mother’s right to abort the child. But after the baby can survive outside the womb, the state has the ability to protect the unborn baby from all abortions except in cases when a healthcare professional determines it’s necessary to protect the life, physical healthcare, or mental healthcare of the mother.

Ashcroft’s summary said the measure would permit dangerous, unregulated abortions and would protect abortionists from medical malpractice lawsuits. It also said the measure would guarantee that women could still abort their unborn babies after the point of fetal viability at any time they chose, despite any laws the state enacted. In the summary, he also described the unborn babies in question as “unborn babies.”

How did Walker revise the statement? A Missouri Court of Appeals already reworked some of Ashcroft’s description of the ballot measure. Last year, another Cole County Circuit Court judge took issue with the language and Ashcroft appealed that judge’s ruling. The Missouri Court of Appeals affirmed the judge’s ruling in part, reversed it in part, and sent it all back down to the Cole County Circuit Court. This time, Walker heard the case on behalf of the circuit. He adopted the Missouri Court of Appeals’ proposed language almost verbatim.

The new description removed words such as “dangerous” and “unregulated” and removed any reference to the “unborn child” killed in each abortion. It characterized the abortions killing the children as “reproductive health care.” The pro-abortion group Missourians for Constitutional Freedom, which fought since last year to have the measure on the ballot, applauded the new rewrite. WORLD reached out to Ashcroft’s office for a comment on Walker’s decision but did not immediately receive a response.

Dig deeper: Read Lauren Canterberry’s report in The Sift about how some pro-lifers are questioning the tax status of Planned Parenthood after the Democratic National Convention.