Missouri judge weighs whether proposed abortion ban should go on 2026 ballot

COLE COUNTY, Mo. - A Missouri judge will decide whether a proposed abortion ban appears on state ballots next year as written, needs revisions or is struck down entirely.

Cole County Circuit Court Judge Daniel Green heard arguments Wednesday over a proposal that, with voter approval in 2026, could reinstate abortion bans in most cases across the state.

Just last year, Missouri voters approved Amendment 3 to enshrine abortion protections in the state constitution. Several months later, House Joint Resolution 73 cleared the state legislature, aiming to repeal those protections and restore significant abortion restrictions, if approved by voters in a future election.

Missouri Secretary Denny Hoskins has since certified ballot language for HJR 73, and coincidentally, the proposal is scheduled to appear on the November 3, 2026 general election ballot, also as "Amendment 3."

In July, the ACLU of Missouri filed a lawsuit, alleging that ballot language that Hoskins has certified is “intentionally misleading and inaccurate.” The ACLU argues that the newly-proposed measure would eliminate those protections and mislead voters about its effects.

On Wednesday, Judge Green took the case "under advisement," according to Missouri court records. He requested additional written arguments, and parties have until Sept. 2 to file briefs.

That means a ruling will come later on, after the judge reviews evidence, arguments and supplemental filings. No timeline has been set for the decision.

If approved, the proposal would ask voters the following in November 2026:

"Shall the Missouri Constitution be amended to:

• Guarantee access to care for medical emergencies, ectopic pregnancies, and miscarriages;
• Ensure women’s safety during abortions;
• Ensure parental consent for minors;
• Allow abortions for medical emergencies, fetal anomalies, rape, and incest;
• Require physicians to provide medically accurate information; and
• Protect children from gender transition?

The ACLU is asking the judge to declare the summary and ballot language as “unfair and insufficient,” and either order revisions or block the measure from reaching voters altogether.