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Missouri judge rules abortion amendment is in ‘blatant violation’ of state requirements • Missouri Independent

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Missouri judge rules abortion amendment is in ‘blatant violation’ of state requirements • Missouri Independent


A Missouri judge ruled Friday evening that a reproductive-rights amendment did not comply with state initiative petition requirements, leaving the door open to potentially withhold it from the November ballot. 

Cole County Circuit Judge Christopher Limbaugh ruled that the coalition behind the citizen-led ballot measure failed to meet the sufficiency requirement through a “failure to include any statute or provision that will be repealed, especially when many of these statutes are apparent.”

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A spokesperson for Missourians for Constitutional Freedom, the campaign behind the reproductive-rights amendment, said they plan to appeal. 

Limbaugh also wrote that while he found a “blatant violation” of state law, he “recognizes the gravity of the unique issues involved in this case, and the lack of direct precedent on point.” 

As a result, he won’t issue an injunction preventing the amendment from being printed on the ballot until Tuesday to allow time for “further guidance or rulings” from the appeals court. 

The constitutional deadline for ballots to be printed is Tuesday. 

Amendment 3 would establish the constitutional right to an abortion up until fetal viability and grant constitutional protections to other reproductive health care, including in-vitro fertilization and birth control. It would also protect those who assist in an abortion from prosecution. 

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“The court’s decision to block Amendment 3 from appearing on the ballot is a profound injustice to the initiative petition process,” Rachel Sweet, campaign manager with Missourians for Constitutional Freedom, said in a statement. “And undermines the rights of the 380,000 Missourians who signed our petition demanding a voice on this critical issue.

The lawsuit was filed two weeks ago by a group of anti-abortion lawmakers and activists against Missouri Secretary of State Jay Ashcroft, who certified the citizen-led ballot initiative for the Nov. 5 ballot  nine days earlier. The group is arguing that the initiative should never have been allowed on the ballot.

The plaintiffs — state Sen. Mary Elizabeth Coleman, state Rep. Hannah Kelly, anti-abortion activist Kathy Forck and shelter operator Marguerite Forrest — said in a statement Friday evening that the amendment’s scope is “staggering.” 

“Missourians have a constitutional right to know what laws their votes would overturn before deciding to sign initiative petitions,” they said. “Amendment 3 isn’t just about abortion.”

The plaintiffs were represented in court by Mary Catherine Martin, an attorney with the Thomas More Society who argued during a brief bench trial Friday morning that the campaign behind the amendment fell short of the law by failing to list the specific laws or constitutional provisions which would be repealed if the amendment is approved by voters. 

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Missouri law requires that initiative petitions “include all sections of existing law or of the constitution which would be repealed by the measure.” 

“No one disputes,” she said, “one of its primary purposes and effects is to repeal Missouri’s ban on abortion.” 

Speculation isn’t necessary to come to this conclusion, Martin said, pointing to the ballot summary which reads, in part, that a yes vote would “remove Missouri’s ban on abortion.”

Loretta Haggard, an attorney representing the campaign supporting the amendment, said that while the amendment would supersede existing law, it would not erase it from the current constitutional text, and therefore would not truly repeal the current statute. 

She told the judge in court that this is because the two texts do have some overlapping similarities: both protect women who get abortions from prosecution and both restrict abortion after the point of fetal viability. 

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Fetal viability is an undefined period of time generally seen as the point in which the fetus could survive outside the womb on its own, generally around 24 weeks, according to the American College of Obstetricians and Gynecologists.  

When it comes to everything else, Haggard said, the amendment would leave the current law to be interpreted through the lens of the new law, meaning any restrictions implemented by the government on abortion prior to fetal viability will have to withstand strict scrutiny in court to remain. She ventured that most of Missouir’s current restrictions would not survive for this reason.

Ultimately, Limbaugh sided with the plaintiffs, writing that the page attached to the initiative petition forms “included no disclaimer or any equivalent to a disclaimer.” 

“In fact,” he concluded. “The full and correct text failed to identify any ‘sections of existing law or of the constitution which would be repealed by the measure.’”

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Volunteer describes collecting signatures for petition on Missouri redistricting

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Volunteer describes collecting signatures for petition on Missouri redistricting


KSHB 41 News anchor Caitlin Knute is interested in hearing from you. Send her an e-mail.

Organizers working to turn back Missouri’s congressional redistricting map spoke Tuesday about collecting signatures to put the effort to a vote by citizens.

People Not Politicians submitted more than 300,000 signatures Tuesday to the Missouri Secretary of State’s Office. The signatures hope to force a statewide vote on redistricting approved earlier this year by Missouri politicians.

KSHB 41 anchor Caitlin Knute spoke with one of the volunteers behind the effort.

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Volunteer describes collecting signatures for petition on Missouri redistricting

“I think people in rural areas want to follow the Constitution, and I think it was pretty clear this was not done within the parameters of the Constitution,” volunteer Elizabeth Franklin said.

Redistricting typically occurs after a census every 10 years, but that wasn’t the case this year in Missouri. Critics on both sides of the aisle note that it splits Kansas City into three districts, lumping parts of the city in with much more rural areas.

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A spokesperson for the Missouri Secretary of State’s office confirmed receipt of 691 boxes of signatures.

“The elections division will proceed with scanning, counting and sorting the sheets for verification by local election authorities,” the spokesperson said.





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Opponents of Trump-backed redistricting in Missouri submit a petition to force a public vote | CNN Politics

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Opponents of Trump-backed redistricting in Missouri submit a petition to force a public vote | CNN Politics


Opponents of Missouri’s new congressional map submitted thousands of petition signatures on Tuesday calling for a statewide referendum on a redistricting plan backed by President Donald Trump as part of his quest to hold on to a slim Republican majority in next year’s elections.

Organizers of the petition drive said they turned in more than 300,000 signatures to the secretary of state’s office — well more than the roughly 110,000 needed to suspend the new US House districts from taking effect until a public vote can be held next year.

The signatures must still be formally verified by local election authorities and Republican Secretary of State Denny Hoskins, who has argued the referendum is unconstitutional. But if the signatures hold up, the referendum could create a significant obstacle for Republicans who hope the new districts could help them win a currently Democratic-held seat in the Kansas City area in the November election.

State law automatically sets referendum votes for the November election, unless the General Assembly approves an earlier date during its regular session that begins in January.

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Redistricting typically happens once a decade, after each census. But the national political parties are engaged in an unusual mid-decade redistricting battle after Trump urged Republican-led states to reshape House voting districts to their advantage. The Republican president is trying to avert a historical tendency for the incumbent’s party to lose seats in midterm elections.

Each House seat could be crucial, because Democrats need a net gain of just three seats to win control of the chamber and impede Trump’s agenda.

The group sponsoring Missouri’s referendum campaign, People Not Politicians, has raised about $5 million, coming mostly from out-of-state organizations opposed to the new map. National Republican-aligned groups have countered with more than $2 million for a committee supporting the new map.

Republicans have tried to thwart the referendum in numerous ways.

Organizations supporting the Republican redistricting have attempted to pay people up to $30,000 to quit gathering petition signatures, according to a lawsuit filed by Advanced Micro Targeting Inc., a company hired by People Not Politicians.

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Hoskins, the secretary of state, contends he cannot legally count about 100,000 petition signatures gathered in the one-month span between legislative passage of the redistricting bill and his approval of the referendum petition’s format, but can only count those gathered after that.

Hoskins also wrote a ballot summary stating the new map “repeals Missouri’s existing gerrymandered congressional plan … and better reflects statewide voting patterns.” That’s the opposite of what referendum backers contends it does, and People Not Politicians is challenging that wording in court.

Meanwhile, the state’s Republican Attorney General Catherine Hanaway filed a federal lawsuit on behalf of Hoskins and the General Assembly asserting that congressional redistricting legislation cannot be subject to a referendum. Although a federal judge dismissed that suit Monday, the judge noted that Hoskins has “the power to declare the petition unconstitutional himself,” which would likely trigger a new court case.

Missouri’s restricting effort already has sparked an intense court battle. Lawsuits by opponents challenge the legality of Republican Gov. Mike Kehoe’s special session proclamation, assert that mid-decade redistricting isn’t allowed under Missouri’s constitution and claim the new districts run afoul of requirements to be compact, contiguous and equally populated.

It’s been more than a century since Missouri last held a referendum on a congressional redistricting plan. In 1922, the US House districts approved by the Republican-led legislature were defeated by nearly 62% of the statewide vote.

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What is a K-shaped economy? Missouri expert explains – Missourinet

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What is a K-shaped economy? Missouri expert explains – Missourinet



You may have heard that the U.S. is in a “K-shaped economy”. What does this mean?

Jerome Katz, a professor in the Chaifetz School of Business at St. Louis University, told KMOX Radio this means the wealth divide continues to grow. He describes it as the most wealthy Americans are riding the escalator up and the rest are riding the escalator down.

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Katz said the rich have gotten richer compared to the gilded age of the Rockefellers and Vanderbilts.

“The top 1% of Americans, in 1900, controlled somewhere between 30% and 40% of the total wealth. These days, the top 1% of Americans control between 35% and 42% of total wealth,” said Katz, KMOX Radio’s business analyst.

He said it’s getting harder for the middle class to gain wealth and poorer Americans are having a more difficult time digging out of debt.

Only 2.5% of the nation’s wealth is held by the bottom 50% of Americans.

By Megan Lynch of KMOX Radio

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