A ballot measure that could restore the right to abortion services will proceed now that the Missouri Supreme Court ordered Attorney General Andrew Bailey to approve the state auditor’s fiscal note summary.
The state’s highest court upheld Cole County Circuit Court Judge Jon Beetem’s ruling that Bailey had no authority to challenge Auditor Scott Fitzpatrick and, moreover, has a duty to approve the fiscal note summary
“Section 116.175.1 makes clear that the substantive responsibility for assessing the fiscal impact of a measure belongs solely to the Auditor, and only the “legal content and form” of that assessment are to be reviewed by the Attorney General,” wrote Justice Paul C. Wilson in the July 20 opinion.
A fiscal note summary estimates the financial impact of the implementation of a bill.
If approved by voters, the reproductive rights ballot initiative will legalize abortion once again.
The Right to Life of the Unborn Child Act, which became effective on June 24, 2022, prohibits abortion except in cases of medical emergency and imposes a Class B felony on any person who knowingly performs or induces an abortion of an unborn child. Providers of abortion are also subject to losing their medical licenses under the law.
The ACLU of Missouri's Petition for a Writ of Mandamus was filed on behalf of plaintiff Dr. Anna Fitz-James, a St. Louis pediatrician.
“It is clear that some who hold office will not hesitate to trample the constitution if it advances their personal interests and political beliefs,” said Luz María Henríquez, executive director of the ACLU of Missouri. “The ACLU of Missouri will continue to hold politicians accountable to our Constitution and protect Missourians’ right to direct democracy.”
Bailey approved the fiscal note on the same night that the court issued its unanimous decision.
The ballot titles were certified by the Secretary of State Jay Ashcroft this week.
“At every level of our judicial system, the courts saw the Attorney General’s effort to derail the initiative process for what it was: a deliberate threat to the direct democracy,” said Anthony Rothert, director of integrated advocacy at the ACLU of Missouri. “As obviously unconstitutional as his scheme was, it succeeded in wasting valuable time. If the Attorney General and Secretary of State are serious about their oaths to the constitution, they will carry out their duties today, not cause more delay.”