The next legal wrestling match over what Missouri voters would see if an abortion-rights initiative petition makes next years ballot is scheduled for Oct. 30 before judges of Western District Court of Appeals.
A three-judge panel will hear oral arguments that day on Secretary of State Jay Ashcrofts appeal of Cole County Circuit Judge Jon Beetems Monday ruling that rewrote the ballot language for six proposed initiatives.
In an order setting the hearing date, the court also set an expedited schedule for filings in the case, splitting the difference between the faster schedule sought by ACLU of Missouri attorneys and the calendar proposed by Ashcrofts legal team.
Ashcrofts opening brief will be due Oct. 11, with the final filing on Oct. 23, one week before arguments.
No extensions will be granted, the order states.
The same schedule applies to an appeal filed Tuesday seeking review of Beetems ruling upholding a fiscal note summary written by State Auditor Scott Fitzpatrick. A challenge filed by state Rep. Hannah Kelly, R-Mountain Grove, state Sen. Mary Elizabeth Coleman, R-Arnold, and Kathy Forck, a longtime anti-abortion advocate from New Bloomfield, argued that the state could lose federal Medicaid funding and trillions in future tax revenue.
A separate three-judge panel will hear the appeal from Kelly, Coleman and Forck.
Beetem decided that Ashcroft wrote a biased ballot summary for six proposed initiatives that would enshrine rights to receive reproductive health care, including abortion, in the state constitution.
State law directs the secretary of state to prepare a ballot summary that is neither intentionally argumentative nor likely to create prejudice either for or against the proposed measure. In his ruling, Beetem wrote that Ashcroft violated both standards.
Ashcroft filed a notice of appeal the same day as the ruling, telling the Western District Court of Appeals that Beetem went too far by rewriting the entire ballot summary for all six proposals instead of performing minimal revisions to any language deemed unfair and insufficient.
GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
SUBSCRIBE
In the motion to expedite the appeal, attorney Tori Schafer wrote that Ashcroft has been trying to delay the start of signature-gathering and a lengthy appeal process only helps that effort. The ACLU of Missouri represents Dr. Anna Fitz-James, a St. Louis physician who is the named representative of a political action committee called Missourians for Constitutional Freedom and the plaintiff in the case.
The Attorney General and Secretary of State have repeatedly acted outside of the law to delay this case in an attempt to frustrate Dr. Fitz-Jamess right to initiative, Schafer wrote in the motion seeking oral arguments on Oct. 11.
Ashcroft is represented by Attorney General Andrew Baileys office in the case. Bailey was also the cause of the first substantial delay in opening the signature campaign when he refused to accept Fitzpatricks fiscal note summary in April.
Under regular procedures, it takes 56 days to complete a review process that produces a ballot title summary and financial estimate. Missourians for Constitutional Freedom filed 11 proposals in early March and expected to have a petition ready for circulation by mid-May.
To make the 2024 ballot, backers must secure more than 170,000 signatures from registered voters by early May 2024.
Instead, Baileys refusal to act on Fitzpatricks summary resulted in a court case resolved by the July 20 decision of the Missouri Supreme Court that concluded nothing in state law gives the attorney general authority to question the auditors assessment of the fiscal impact of a proposed petition.
Ashcroft waited for a week after that decision before certifying the ballot title, Schafer wrote.
Time is of the essence to prevent the Attorney General and Secretary from successfully frustrating the right to initiative, she wrote.
In seeking a longer schedule, Assistant Attorney General Josh Divine wrote that he needs time to prepare after taking over the case from the trial attorney. Under normal court procedures, he wrote, Beetems Monday ruling would not be final until Oct. 25.
Any time after that would be best for Ashcroft, Divine wrote. The time limit for litigation over ballot titles is 180 days, he wrote, making the deadline for a final decision Jan. 22.
If the court wants to move faster, Divine wrote, he needs until at least October 13 to file an opening brief so counsel can become acquainted with the caseespecially in light of other briefing obligations, including a brief in the U.S. Supreme Court, due in the upcoming weeks.
Ashcroft and Bailey have not unnecessarily delayed the certification of the initiative or the litigation, DIvine wrote.
Respondent also casts aspersions, wrongly asserting that state actors have slow-walked this case, Divine wrote. There is no need to respond to every incorrect assertion.
See the original post here:
Appeals court sets hearing date on Missouri abortion rights initiative ... - Missouri Independent
- Fiscal Year 2013 Budget | Budget.House.Gov [Last Updated On: June 16th, 2016] [Originally Added On: June 16th, 2016]
- Fiscal Freedom: How Tax Burden Affects Economic Freedom [Last Updated On: June 16th, 2016] [Originally Added On: June 16th, 2016]
- Fiscal Year 2013 Budget | Budget.House.Gov [Last Updated On: June 17th, 2016] [Originally Added On: June 17th, 2016]
- Fiscal Cricket Figuring out this financial freedom thing. [Last Updated On: June 27th, 2016] [Originally Added On: June 27th, 2016]
- Latinos For Tennessee | Faith, Family, Freedom, and Fiscal ... [Last Updated On: July 25th, 2016] [Originally Added On: July 25th, 2016]
- Economic Freedom of the World - Peer-reviewed papers ... [Last Updated On: July 27th, 2016] [Originally Added On: July 27th, 2016]
- Index of Economic Freedom - The Heritage Foundation [Last Updated On: July 27th, 2016] [Originally Added On: July 27th, 2016]
- Freedom in the 50 States 2013 | Overall Freedom | Mercatus ... [Last Updated On: August 16th, 2016] [Originally Added On: August 16th, 2016]
- Greece Economy: Population, Facts, GDP, Unemployment ... [Last Updated On: August 23rd, 2016] [Originally Added On: August 23rd, 2016]
- Freedom in the 50 States 2015-2016 | Overall Freedom ... [Last Updated On: August 25th, 2016] [Originally Added On: August 25th, 2016]
- DoD Releases 2015 Fiscal Year Freedom of Navigation Report [Last Updated On: August 30th, 2016] [Originally Added On: August 30th, 2016]
- Economic Freedom: The Concise Encyclopedia of Economics ... [Last Updated On: October 13th, 2016] [Originally Added On: October 13th, 2016]
- Freedom in the 50 States 2015-2016 | Texas Fiscal Freedom ... [Last Updated On: November 14th, 2016] [Originally Added On: November 14th, 2016]
- Freedom in the 50 States 2015-2016 | Fiscal Freedom | Cato ... [Last Updated On: November 16th, 2016] [Originally Added On: November 16th, 2016]
- Slovakia (Slovak Republic) Fiscal Freedom | Economic ... [Last Updated On: November 19th, 2016] [Originally Added On: November 19th, 2016]
- Fiscal year - Wikipedia [Last Updated On: November 23rd, 2016] [Originally Added On: November 23rd, 2016]
- Patriots For Economic Freedom [Last Updated On: December 7th, 2016] [Originally Added On: December 7th, 2016]
- To see how a bill becomes law, follow the money - News Sentinel [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Economy to grow more than 7 per cent next fiscal: Shaktikanta Das - The Indian Express [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Making the case for an RBI rate cut - Livemint [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Cotton Calls for a $26B Uptick in Planned Defense Supplemental - USNI News [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Most refugees who enter the US as religious minorities are Christians - Pew Research Center [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Making A FOIA Request Is About To Get Tougher At FBI - Daily Caller [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Guest Article: Capitulation before the First Shots Are Fired - Somewhat Reasonable - Heartland Institute (blog) [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Just Energy Reports Third Quarter Fiscal 2017 Results - GlobeNewswire (press release) [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Greece and the Folly of Trying to Solve an Overspending Problem with Tax Increases - People's Pundit Daily [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Historic audit of illegitimate debts - Inquirer.net [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Key conservative open to insurer payments during ObamaCare transition - The Hill [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- A closer look at the appeals-court panel's travel-ban ruling - The Seattle Times [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- The United Kingdom and the Benefits of Spending Restraint - Cato Institute (blog) [Last Updated On: February 10th, 2017] [Originally Added On: February 10th, 2017]
- MEL STA. MARIA | The 1987 Freedom Constitution should not be changed - InterAksyon [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- The United Kingdom and the Benefits of Spending Restraint - People's Pundit Daily [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- Promoting fiscal discipline - Daily Excelsior [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- Van Zandt leadership changes - Altoona Mirror [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Meet The Venezuelan-Born Mom Who Ran For State Senate To Stop Socialism - The Federalist [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- Local officials get primer on cuts in Medicaid - Marietta Times [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- What the papers say: Britain's soaring EU budget bill shows Brexit can't happen soon enough - Spectator.co.uk (blog) [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- The GOP's Big Tax Dilemma: Repealing Obamacare Taxes - The Fiscal Times [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- GOP defense hawks barely squawked on Mulvaney nomination - Washington Examiner [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- Some GOP lawmakers want entitlement reform in next budget - The Hill [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Are Republicans Losing Momentum on Obamacare Repeal? - The Fiscal Times [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Mason Fiscal give WVFD go-ahead - Ledger Independent [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Better Buy: Baidu Inc. vs. Amazon.com Inc. -- The Motley Fool - Motley Fool [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Mason Fiscal gives WVFD go-ahead - Ledger Independent [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Officials Continue to Dodge Attempts to Disclose Use of Stingrays - Reason (blog) [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- 10 Things to Know About Stephen Feinberg, Trump's Potential Intelligence Czar - The Fiscal Times [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Rand Paul Joins Freedom Caucus to Kick Off Conservative Obamacare Replacement Drive - Breitbart News [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Scott Pruitt: 5 Fast Facts You need to Know - Heavy.com [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Senate Confirms Fiscal Hawk Mick Mulvaney As Trump's Budget Director - New York Magazine [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- EDITORIAL: The United States continues to drop on the Heritage Foundation's index of economic freedom - Las Vegas Review-Journal [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- Freedom seems to be missing from president's vocabulary - Detroit Free Press [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- Liberia Ahead Of Ukraine In Index of Economic Freedom 2017 - Global News Network [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- US Economic Freedom Hits Historic Low - theTrumpet.com [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- Pols & Politics: Battle brews on extending T's Pacheco Law waiver - Boston Herald [Last Updated On: February 19th, 2017] [Originally Added On: February 19th, 2017]
- Sounds of freedom rattling to far reaches of area - News - The Daily ... - Jacksonville Daily News [Last Updated On: February 19th, 2017] [Originally Added On: February 19th, 2017]
- Sri Lanka's govt. integrity, economic freedom deteriorate - Daily Mirror [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- Oklahoma bill could strip city LGBT protections not outlined by the state - KOKI FOX 23 [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- PH up by 12 notches in Economic Freedom Index 2017 ranking | SunStar - Sun.Star [Last Updated On: February 20th, 2017] [Originally Added On: February 20th, 2017]
- Why is a freedom enshrined in the UN declaration of human rights ... - Stabroek News [Last Updated On: February 22nd, 2017] [Originally Added On: February 22nd, 2017]
- Ohanaeze president worried about maltreatment of pro-Biafran members worries - Guardian [Last Updated On: February 22nd, 2017] [Originally Added On: February 22nd, 2017]
- PH leaps in economic freedom; 'yes' to calls for lasting peace - Manila Bulletin [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Alaska's income tax proposal, the Senate, and 2018 - State of Reform [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Ohanaeze Ndigbo decries violence against MASSOB, IPOB - Vanguard [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- The US Navy Sends a Powerful Message to Beijing in the South China Sea - The Fiscal Times [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- JCPenney to close 13 to 14 percent of stores - Rome Sentinel [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Solution created for county builders - Morehead News [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Dj vu all over again - The Capitol Fax Blog (blog) [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Trump's Volatility, Protectionism Makes Him a Poor Bet for Investors - Newsweek [Last Updated On: February 25th, 2017] [Originally Added On: February 25th, 2017]
- Expect the unexpected with upcoming budget, appropriations cycle, experts say - FederalNewsRadio.com [Last Updated On: February 25th, 2017] [Originally Added On: February 25th, 2017]
- Publishers: Cuomo proposal removes transparency - Oneonta Daily Star [Last Updated On: February 26th, 2017] [Originally Added On: February 26th, 2017]
- Pleading poverty, demanding new taxes - Washington Times [Last Updated On: February 26th, 2017] [Originally Added On: February 26th, 2017]
- Philippines Improves in Economic Freedom ranking - CFO innovation ASIA [Last Updated On: February 26th, 2017] [Originally Added On: February 26th, 2017]
- What Gives with Sprint's Declining Customer Unit? - Market Realist [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- California lawmakers press ICE for information about raids - The Mercury News [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Economic Freedom - HATICE KARAHAN - Yeni afak - Yeni afak English [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Digging out from under records requests - GCN.com [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- California 'Trust Women' License Plates to Help Pay for Reproductive Care in Trump Era - Rewire [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Reader Viewpoint: Recognizing our imperfections, tribulations allows us to be wise - The Herald Bulletin [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]
- The Staggering Costs of Operating Air Force One - The Fiscal Times [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]
- Pakistan ranked ahead India in Economic Freedom Index report ... - ARY NEWS [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]