Kehoe vs. Quade: How the next Missouri governor will shape the future of abortion access
The two major Missouri candidates for governor – Republican Lt. Gov. Mike Kehoe and Democratic House Leader Crystal Quade – offer starkly different positions on abortion. Kehoe opposes abortion while Quade supports the right of women to choose to end a pregnancy.
Missouri currently bans abortion but the choice for governor holds significant consequences.
Missourians in November will likely also decide whether to approve an amendment to the state constitution overturning the state’s ban. The measure would enshrine a strong right to abortion and other forms of reproductive health care.
If approved, whoever becomes the next governor will wield influence over how quickly – or slowly – abortion access is restored in the state. He or she will decide whether to ease the path for providers or fight them every step of the way.
“At the end of the day, I think they are going to vote to restore abortion rights,” Emily Wales, president and CEO of Planned Parenthood Great Plains Votes, said of Missouri voters. “And it’s concerning you might have an elected official leading the state who opposes what Missourians think on that issue.”
Kehoe and Quade secured their party’s nominations in Tuesday’s primary election, setting up a showdown in the November general election. Republicans have dominated statewide elections in recent years and Quade faces an uphill climb, but Democrats also believe the amendment will help energize voters.
Whoever wins will select the next director of the Missouri Department of Health and Senior Services, a cabinet-level position. Before Missouri banned abortion in 2022 when the U.S. Supreme Court struck down Roe v. Wade, DHSS regulated abortion clinics in the state – and would oversee them again if access is restored.
At the time, a single clinic offered surgical abortions in Missouri – a Planned Parenthood location in St. Louis. If the abortion rights amendment passes this fall, providers would almost certainly look to open and reopen clinics across the state.
While the purpose of DHSS regulation is to implement state law, Kehoe or Quade will set the tone for the agency in who they choose to lead it. If the agency is aggressive or hostile toward providers, it could slow the process of rebuilding a clinic network.
Roadblocks to abortion access
DHSS under a former director, Randall Williams, refused to renew the license of a Planned Parenthood clinic in St. Louis in 2019. The agency said the decision was based on an inspection that turned up records of complications in a handful of surgical abortions, as well as the clinic’s refusal to force some doctors to sit for interviews with state officials.
The denial triggered a legal battle, with Planned Parenthood arguing the decision reflected the anti-abortion politics of Republican Gov. Mike Parson, who endorsed Kehoe. The legal discovery process revealed that state investigators, looking for evidence of failed abortions at the clinic, had compiled a spreadsheet of patient information that included dates of women’s menstrual periods.
The resulting fury led to calls for Williams’ resignation and protesters dressed in red as characters from “The Handmaid’s Tale,” lined up outside a hearing with signs saying “Williams tracks patients’ periods.” DHSS pushed back, noting that no names were disclosed and that the patient information was compiled as part of regular reporting Planned Parenthood did under state law.
Wales said that if the amendment passes, lawsuits will help determine what abortion laws comply with the new constitution and which must be struck down. At the same time, she pointed to DHSS under Williams as an example of how hostile, anti-abortion political leaders had put up roadblocks for clinics.
“It’s absolutely true, however, that the people who hold office in Missouri can have a major effect on how the laws are implemented, but also just how the working relationships are with state agencies,” Wales said.
Missouri Secretary of State Jay Ashcroft is expected to announce by next week whether supporters of the amendment gathered enough signatures to qualify for the November ballot. Supporters said in May they turned in roughly 380,000 signatures, well above the 171,000 necessary. Officials across the state have been verifying signatures since then.
If the amendment fails to qualify, or if voters reject it at the general election, Missouri’s abortion ban will remain in place. The ban includes no exceptions for victims of rape or incest and only allows for abortion in medical emergencies. Lawmakers in the GOP-controlled General Assembly are unlikely to send to the governor’s desk any legislation expanding abortion access.
Kehoe vs. Quade
Kehoe’s campaign last year said he was open to adding rape and incest exceptions – and he affirmed that stance on Tuesday under questioning from reporters. Abortion rights supporters have largely rejected that concession as far from sufficient and if voters approve the amendment the question of exceptions would be moot.
Asked about what he would do if the amendment passes, Kehoe, who took questions before polls closed, contrasted his record with Ashcroft, an opponent who once suggested he would resign from office if the Missouri Constitution protected abortion rights. Ashcroft appeared to walk back those comments in a TV debate last month and on Tuesday said he would have continued to do what he could to “protect life” if elected.
“I would suggest the pro-life community does not need quitters if that were to pass. You’re going to need people who will continue to fight for innocent life and do what we can to protect innocent life and that’s what I would do,” Kehoe said, without offering specifics.
Quade was asked directly during a TV debate last month what steps she would take as governor to protect abortion access if the amendment passed. She also largely steered clear of specifics in her answer.
“I deeply understand how important this is for folks and I am so excited that we’re going to have the opportunity in November to take the rights back that we absolutely need to have in our state,” Quade said.
Quade said she will ensure as governor the General Assembly “will listen to the voices of Missourians and what happens on Election Day will be upheld.”
That appeared to be a not-too-subtle reference to vetoing anti-abortion legislation. If the amendment passes, the Republican-controlled legislature would almost certainly attempt to pass bills designed to test the limits of the new constitutional rights in court.
A similar process is playing out in Kansas after voters in 2022 rejected a state constitutional amendment that would have overturned a state Supreme Court decision protecting abortion rights. Lawmakers responded by passing a bill requiring abortion providers to survey women about the reason for their abortion; while women weren’t required to answer, aggregate data would be compiled into public reports.
Democratic Gov. Laura Kelly vetoed the bill, but the Legislature overrode the veto. The survey law is now on hold as abortion providers challenge it in court.
In Missouri, Quade would also potentially face veto overrides. Republicans currently hold supermajorities in the House and Senate, though it’s possible the party could lose that status in at least one chamber in November.
Kehoe, on the other hand, would likely sign most legislation sent to him.
