Earlier this morning the Missouri Supreme Court heard oral arguments in the appeal from the Cole County District Court (state issue litigation originates in Cole County/Jefferson City) taking the previously certified women’s reproductive rights initiative off the November ballot. The suit was filed by some right wingnut anti-choice state legislators and others. The circuit judge was Christopher Limbaugh (yes, a relative). The appeal was punted by the Court of Appeals to the Missouri Supreme Court. The ballot deadline is 5:00 p.m. today. Lame duck Secretary of State Jay Ashcroft (yes, a legacy) performatively decertified the initiative on Monday, contrary to a stay. The appellants asked that he be held in contempt.

From the appellant brief – via Missouri ACLU:

…That language mirrors the Constitution’s delineation between the two types of initiatives. It means a statutory initiative petition (one “proposing laws” and signed by five percent of voters) shall list the statutes being amended, while a constitutional initiative petition (one proposing “constitutional amendments” and signed by eight percent of voters) shall list the “constitutional provisions” being amended. Section 116.050 simply does not require what the circuit court said the proposed constitutional amendment here must do.

Context and common sense support this reading. When one is amending the Constitution, it is natural to identify other provisions of the Constitution being repealed. Similarly, when one is amending or enacting a statute, it is natural to identify other statutes being repealed by the enactment (which, as described below, is what the legislature does when enacting a law).

But it does not make sense that Section 116.050 would require a petition to identify statutes to be “repealed” when amending the Constitution, nor to identify constitutional provisions being “repealed” when amending statutes. A statute cannot amend or repeal the Constitution. And in plain and ordinary parlance, a constitutional provision may render a contrary statute unconstitutional—i.e., may invalidate, abrogate, or limit a statute—but it does not repeal a statute…

This afternoon:

Anna Spoerre @annaspoerre
BREAKING: The Missouri Supreme Court has reversed the lower court’s decision and ruled the abortion-rights amendment will remain on the Nov. 5 ballot. #moleg
[….]
2:22 PM · Sep 10, 2024

Those opinions are going to be very interesting.