Ashcroft denies third petition on abortion law as judge hears challenges

1 year 2 months 22 hours ago Tuesday, June 11 2019 Jun 11, 2019 Tuesday, June 11, 2019 10:24:00 AM CDT June 11, 2019 in News
By: Steve Lambson, KOMU 8 News Content Manager and Bailey Yang, KOMU 8 Reporter
loading

JEFFERSON CITY - A Cole County judge will hear arguments Tuesday in two requests to block Secretary of State Jay Ashcroft from denying petitions related to Missouri's new abortion law.

On June 6, Ashcroft announced he would reject two petitions to have the people vote on whether to overturn the abortion law. Ashcroft said an emergency clause in the law prevents it from being subject to a referendum.

The ACLU and Joplin businessman David Humphreys, who submitted the referendum petitions, filed motions Thursday and Friday respectively to block Ashcroft's decision. 

Tuesday's hearing is scheduled for 1:30 p.m. with Judge Daniel Green presiding.

During the hearing, the attorney for the Missouri secretary of state's office, John Sauer, said it would be "legally improper" to issue a temporary restraining order under the current circumstance. 

"Based on repeated statements by the Missouri Supreme Court and Court of Appeals, a TRO maintain the status quo," he said. "It is unquestionable that it actually being requested here is a disruption and overturning of the status quo."

Sauer also said the appropriate remedy for a private citizen seeking to compel a state official to engage an affirmative act in complying with the law is through the writs of mandamus. 

Lowell Pearson, the attorney of businessman David Humphreys, said he only asked for very limited relief in Tuesday's hearing, which is to have all three state officials do what they are required to do while the court sorts out the partial emergency clause. 

He said the referendum procedure they vote on is the fundamental constitutional right, and it should be protected. 

Judge Daniel Green called for another hearing for this case next Monday at the end of Tuesday's hearing.

More News

Grid
List
JOPLIN, Mo. (AP) — A 24-year-old Carthage man is charged with first-degree murder in a December 2019 shooting death of... More >>
3 days ago Saturday, August 08 2020 Aug 8, 2020 Saturday, August 08, 2020 10:17:44 AM CDT August 08, 2020 in News
(CNN) -- A salmonella outbreak caused by onions is expanding and has infected 640 people from 43 states.... More >>
3 days ago Saturday, August 08 2020 Aug 8, 2020 Saturday, August 08, 2020 9:18:00 AM CDT August 08, 2020 in News
COLUMBIA - The Columbia Police Department is asking for help in locating a Columbia man who was last seen on... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 9:16:00 PM CDT August 07, 2020 in News
COLUMBIA —Despite ongoing uncertainties stemming from the COVID-19 pandemic, several business owners have opened up shop in the North Village... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 6:57:00 PM CDT August 07, 2020 in News
ST. LOUIS (AP) — A judge has ordered a halt to evictions in St. Louis through the end of August,... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 6:23:00 PM CDT August 07, 2020 in Continuous News
COLUMBIA —Tax Free Weekend usually sees a rush of parents buying everything they need for their kids for the upcoming... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 5:32:00 PM CDT August 07, 2020 in News
LIBERTY, Mo. (AP) — State Rep. Jon Carpenter is the likely winner of a Democratic primary for a Clay County... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 5:13:00 PM CDT August 07, 2020 in Continuous News
COLUMBIA — The SEC has announced two more games of the 2020-2021 football season. Mizzou will play Alabama in... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 4:12:00 PM CDT August 07, 2020 in News
COLUMBIA —American Outdoor Brands partnered up with The Job Center Staffing in order to make applying for jobs accessible during... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 4:01:00 PM CDT August 07, 2020 in News
COLUMBIA — Over the past two weeks, MU has laid off an additional 13 employees and furloughed 34 according to... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 3:51:00 PM CDT August 07, 2020 in News
COLUMBIA —Local artist and MU alum David Spear finished his newest project on the wall outside of Harpo's: a tiger.... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 3:26:00 PM CDT August 07, 2020 in News
COLUMBIA — MU's College of Engineering has been producing face shields for professors to wear on campus this fall since... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 3:07:00 PM CDT August 07, 2020 in News
JEFFERSON CITY— State senators on Friday passed a bill proposed by Republican Gov. Mike Parson to address a surge... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 3:00:27 PM CDT August 07, 2020 in News
PETTIS COUNTY — A group of eight Pettis County residents filed a petition for declaratory judgement against the Pettis County... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 2:13:00 PM CDT August 07, 2020 in News
JEFFERSON CITY — Lawyers representing citizens across Missouri argued in Cole County Circuit Court Friday that the proposed ballot title... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 2:13:00 PM CDT August 07, 2020 in News
ST. LOUIS — Friday's Cardinals game against the Cubs is canceled after an additional Cardinals player tested positive for COVID-19,... More >>
3 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 12:55:00 PM CDT August 07, 2020 in News
MISSOURI — Back to school shopping? This weekend, sales tax won't apply. From Friday through Sunday, certain back to... More >>
4 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 11:10:00 AM CDT August 07, 2020 in News
( Missourian ) - Longtime Columbia physician Elizabeth Allemann is leading an effort — joined, so far, by 49... More >>
4 days ago Friday, August 07 2020 Aug 7, 2020 Friday, August 07, 2020 10:01:51 AM CDT August 07, 2020 in News
Columbia, MO
Broken Clouds 81°
12pm 80°
1pm 82°
2pm 84°
3pm 85°