Politics
Missouri abortion rights backers feel momentum but face hurdles

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Missouri’s abortion rights supporters have not had an easy couple of years.Minutes after the U.S. Supreme Court struck down the constitutional right to an abortion in June 2022, the ruling triggered Republican-backed legislation for a near-total ban on the procedure — with no exceptions for rape or incest, just medical emergencies. And efforts to get a ballot initiative that repealed the ban off the ground faced a torrent of obstacles, including lawsuits with Republican officials, a dueling proposal and infighting among abortion rights activists.But those difficulties seemed far away earlier this month at the Pageant in St. Louis. Rather than seeing a cutting-edge band perform, hundreds of people flocked to sign an initiative petition to place abortion protections in the state constitution. They included Enola Proctor, a St. Louis County resident who was in her 20s when the Supreme Court decided Roe v. Wade — a ruling that she says had a monumental impact on women’s rights.“I had college friends who had sought abortions, very unsafe ones,” Proctor said. “I worried about the immediate damage to their bodies and their future ability to give birth. And so I felt then that women were safe. And it pains me to know that women are no longer safe. And the ensuing months have been even worse than I could have imagined.”
Brian Munoz
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St. Louis Public RadioHundreds gather as the group Missouri for Constitutional Freedom launches a signature collecting event for a constitutional amendment that would legalize abortion up until fetal viability on Feb. 6 at the Pageant in St. Louis.
With a short time to collect roughly 171,000 signatures in congressional districts across the state, abortion rights advocates like Proctor are feeling a burst of optimism behind Missourians for Constitutional Freedom’s campaign to strike down the state’s abortion ban. It’s part of a nationwide trend to have a state’s voters decide whether to enshrine protections for abortion rights in constitutions.“Everything is at stake for families and anyone with the ability to be pregnant,” said Mallory Schwarz, the executive director of Abortion Action Missouri and a spokeswoman for Constitutional Freedom. “In Missouri, we have a fundamental opportunity to take back a freedom that was stolen from us and to end Missouri’s abortion ban. It’s going to take all of us coming together to do this.”Even with a campaign account that’s flush with cash and enthusiasm from volunteers, abortion rights supporters in Missouri are encountering at least one more potential barrier before any statewide vote — Republicans in the Missouri General Assembly who want to make any abortion measure much more difficult to pass.“Missourians do not want to legalize abortions in the state,” said Sen. Denny Hoskins, R-Warrensburg. “We want to make sure that we continue to be pro life and definitely protect the unborn.”
Anna Spoerre
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Missouri Independent Supporters sign an initiative petition in support of a ballot measure that would legalize abortion up to the point of fetal viability in Missouri during an event on Feb. 6 in Kansas City.
Rapid momentumConstitutional Freedom’s amendment would bar the legislature from restricting or banning abortion up until fetal viability. That’s defined in the amendment as the point in pregnancy when, “in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.”The amendment would also bar state government from infringing on someone’s right to “reproductive freedom,” which includes but is not limited to “prenatal care, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions.” While the amendment would not overturn the state’s abortion ban or other restrictions immediately, it would give opponents ammunition in court to legalize the procedure.“What it would do is make a slew of existing restrictions and regulations and attacks on abortion unconstitutional,” Schwarz said. “There would be legal action required. But it changes the very basis for the laws that exist today.”Before January, abortion rights backers were not as optimistic that Constitutional Freedom’s measure would get off the ground.Proponents battled with Missouri’s attorney general and secretary of state over the description of the ballot measure and its estimated financial impact. They also had to deal with a competing proposal from GOP political operative Jamie Corley, who was pushing for a more modest abortion legalization proposal.
Brian Munoz
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St. Louis Public RadioHundreds of demonstrators gather to advocate for abortion rights in May 2022 at the Thomas F. Eagleton U.S. Courthouse in downtown St. Louis.
And abortion rights advocates also got into a public, and at times bitter, disagreement over whether Constitutional Freedom’s initiative should allow the legislature to ban abortion after fetal viability or not include a gestational limit. Some officials from the state’s Planned Parenthood affiliates were especially vocal in advocating for limits up to fetal viability being kept out of the initiative.Once the proposal was unveiled in January, though, those troubles mostly dissolved. Constitutional Freedom’s campaign account has raised more than $4 million in donations of $5,000 or more since mid-January. St. Louis and Kansas City’s Planned Parenthood affiliates endorsed the proposal, and Corley dropped her initiative. That made Constitutional Freedom proposal the only ballot measure that will likely go before voters this year.”And while there have been disagreements between providers in Missouri, about how to get to our goals, let me assure you that our collective goal is always to ensure that no matter who you are, you can always get the abortion care that you need, without barrier or delay in your community,” Dr. Iman Alsaden, an adviser to Constitutional Freedom and chief medical officer for Planned Parenthood Great Plains. “And I think that’s every abortion provider’s goal everywhere.”
Brian Munoz
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St. Louis Public RadioEnola Proctor, 75, of Olivette, signs a petition for a Missouri constitutional amendment that would legalize abortion up until fetal viability earlier this month at the Pageant.
Gathering signaturesIn Missouri, any group that wants to put something on the ballot must gather around 171,000 signatures and can’t get them in just one part of the state. The effort needs at least 8% of the number of legal voters in six out of eight congressional districts.And while abortion rights proponents are getting a late start to the signature-gathering process, they have a big advantage: thousands of volunteer signature gatherers. Most organizations that try to get a ballot measure before voters usually hire paid canvassers to gather signatures, and Constitutional Freedom is no exception. But Tori Schafer of the ACLU of Missouri said the number of volunteers is basically unprecedented and compares only to the successful effort in 2018 to repeal Missouri’s “right to work” law.“We know that Missourians have wanted this for a very long time,” Schafer said. “They were calling our offices nonstop saying, ‘Hey, we want to do that thing that Ohio, and Michigan did.’ And they saw the win over in Kansas. And we’re amazed by the amount of support that we’ve seen from across the state.”One of the volunteers is Lisa Williams, who said she was compelled to do something after Roe v. Wade fell.“Missourians don’t agree with this ban,” Williams said. “And they want to take it into their own hands, because the politicians have not listened to their will.”
What used to be a recovery room for patients after abortion procedures has for the past few years instead served as an office for nurse practitioners at the Planned Parenthood location in Columbia, which was forced to stop providing abortions in 2018.
Ohio and Michigan voters, for instance, approved measures enshrining protections for abortion rights in the state constitution. And GOP-leaning states like Kentucky and Kansas rejected efforts that paved the way for more abortion restrictions.While it’s unlikely that Missouri will completely stop voting for GOP candidates on a statewide or congressional level this year, Kyle Kondik of Larry Sabato’s Crystal Ball said it’s entirely possible for the state to back a proposal legalizing abortion.“I think the median position on abortion rights is closer to what the ballot issues are arguing than what the current law is,” Kondik said. “And so that’s why I could see a bunch of Republican presidential voters still voting for this ballot issue in November if they have the opportunity to do so.”Recent polling of Missouri voters from Emerson College found that only 10% of respondents said abortion should be completely banned. Close to 45% said it should be allowed in the case of rape, incest or when a woman’s life is in danger, while 44% said that abortion is a matter of personal choice.
Eric Lee
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St. Louis Public RadioState Sen. Rick Brattin, R-Harrisonville, speaks alongside members of the Missouri Freedom Caucus during a press conference last month in Jefferson City. Conservative lawmakers want to have Missourians vote on a measure making the constitution more difficult to amend.
Fighting abortion rightsMissouri’s abortion rights foes organized a group, Missouri Stands with Women, to oppose the ballot initiative and have received money from the state’s Catholic Conference.Stephanie Bell, a spokeswoman for the group, said she’s trying to persuade Missourians not to sign the initiative petition — adding that it’s not a sure thing that proponents of the ballot measure will get enough signatures by early May.“If these extreme measures pass, the Democrats will work through the legislature and through the courts to repeal every pro-life measure we’ve enacted over the last many years,” Bell said. “So this is hugely important.”Susan Klein of Missouri Right to Life said Missourians have showcased their opposition to abortion rights time and time again by electing Republicans to the legislature and statewide offices. Other abortion rights opponents have pointed out that the statewide and legislative leaders who enacted the abortion ban didn’t face any electoral blowback in 2020 or 2022.“Missouri’s a pro-life state. You see that in our supermajorities. You see that with our statewide officeholders,” Klein said. “Every life matters. And we’re going to be there to fight in this battle or any battle that we need to make sure the truth gets out.”Thus far, the biggest legislative battle of the 2024 General Assembly session has been an effort to place a ballot measure before voters that would make it more difficult to amend the state’s constitution.GOP proponents of that move like State Sen. Rick Brattain of Harrisonville have made no secret that the plan is aimed to make it more difficult to pass the abortion legalization measure.“At this point, where there’s so much at stake, gloves are off and we’re willing to do whatever it takes to protect and ensure that our constitution is protected,” Brattin said.A similar move to try to sequence a ballot item making the constitution more difficult to change ahead of a measure protecting abortion rights failed last year in Ohio.“Regardless of what politicians in Jefferson City decide Missourians are going to see right through it either way, they’re going to see it as a trick in a tool to try and take their right to direct democracy away,” Schafer said.
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Poll: Support for Missouri abortion rights amendment growing

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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.
Brian Munoz
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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.
One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”
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Democrat Mark Osmack makes his case for Missouri treasurer

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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.
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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.
Dilpreet Raju
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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.
No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.
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