Missouri lawmakers approve bill targeting pending abortion lawsuit
State Sen. Rick Brattin, a Harrisonville Republican, mingles ahead of Gov. Mike Kehoe's inauguration ceremony. Brattin's bill on ballot measures passed the House Monday evening (Annelise Hanshaw/Missouri Independent).
A bill that would give the Missouri Attorney General the authority to appeal judges' decisions to temporarily block state law and change how ballot measures are written and certified was sent to the governor Monday.
The House gave final approval to the bill in a 109-46 vote, with Democrats calling the legislation a 'power grab' that targets a Jackson County judge's temporary hold on the state's strictest abortion regulations which opened the door for Missouri clinics to resume surgical abortions.
'There is pending litigation going on right now,' said state Rep. David Tyson Smith, a Columbia Democrat. 'The Attorney General doesn't like how it's going because there's a preliminary injunction issued, so (Republicans) are trying to jam legislation through so they can change the outcome of the litigation.'
The bill passed Monday would allow Attorney General Andrew Bailey to challenge the preliminary injunction before the judge issues a final ruling on the case.
Democrats argued that since the legislation allows for appeals on 'any preliminary injunction that existed prior to August 28, 2025,' it is retroactive and unconstitutional.
State Rep. Darin Chappell, a Republican from Springfield, called the accusation 'ridiculous.'
'There's only one ongoing case that this power grants that it could possibly be used for,' he said.
The House passed an emergency clause on the provision, making it effective as soon as the governor signs it into law. The emergency clause says that 'immediate action is necessary to ensure judicial efficiency.'
Missouri law limits emergency clauses to when they are 'necessary for the immediate preservation of the public peace, health or safety.'
The bill's House handler, state Rep. Ben Keathley, a Chesterfield Republican, justified the clause because action could 'save the lives of women in (facilities that perform abortions) and the children that are the unnecessary victims of these acts.'
State Rep. Raychel Proudie, a Democrat from Ferguson, said this provision was not part of the bill.
'We're not voting on what the court may do one day,' she said.
The emergency clause passed along party lines with the bill's sponsor, state Sen. Rick Brattin, a Harrisonville Republican, smiling at the House dais.
Provisions on ballot measures from the General Assembly also drew criticism from Democrats who disagreed with shifting power from the courts to the Missouri Secretary of State.
The bill would give the Secretary of State three chances to rewrite ballot language proposed by state lawmakers after the initial summary is challenged. The courts are charged with giving the Secretary of State advice and approving the final language.
State Rep. Eric Woods, a Kansas City Democrat, said the legislation is an 'entire upheaval' of the current process.
'The court exists as a check on us in case we turn out some language that… has ballot candy on it which is completely unrelated to the topic at hand or something that is entirely intended to trick people into voting for it,' Woods said.
He referenced a joint resolution the House is prepared to discuss Tuesday with language he says is deceitful to voters.
Keathley said the courts should be 'the last step in the process.'
'We have a constitutional duty and job to send that ballot language through. The courts are only there to call the balls and strikes,' he said.
Since the court has the final say, he said, there is still separation of powers.
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