Missouri Secretary of State loses appeal over 'misleading' and 'partisan' abortion ballot...

PO1 William "Chip" Nagel
..."A key error in Ashcroft’s ballot titles, states the opinion signed by Judge Thomas Chapman, was its single-minded focus on how it would impact the legality of abortion. The proposed constitutional amendments, he wrote, cover all aspects of reproductive health care.

“The absence of any reference to a right to reproductive health care beyond abortion in the summary statements is misleading,” Chapman wrote.

There was little to be saved from Ashcroft’s summaries, he wrote.

“The secretary’s summary statements do not fairly describe the purposes and probable effects of the initiatives,” he wrote. “The secretary’s summary statements are replete with politically partisan language.”

Chapman zeroed in on particular phrases as especially troublesome. In the ballot title for each of the six proposals, Ashcroft wrote that passage would “nullify longstanding Missouri law protecting the right to life, including but not limited to partial-birth abortion.”

The phrase “right to life,” like its counterpart in the abortion debate, “right to choose,” is a partisan phrase intended to trigger a particular response, Chapman wrote.

“The use of the term ‘right to life’ is simply not an impartial term,” he wrote.

The same is true for “partial birth abortion,” he wrote, calling it “a politically charged phrase” that “carries no fixed definition.”

The lengthy battle to get ballot titles written began when Anna Fitz-James, a St. Louis physician, filed 11 proposed constitutional amendments with Ashcroft’s office in March on behalf of a political action committee called Missourians for Constitutional Freedom.

The proposals would amend the constitution to declare that the “government shall not infringe upon a person’s fundamental right to reproductive freedom.”

That would include “prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care and respectful birthing conditions.” Penalties for both patients seeking reproductive-related care and medical providers would be outlawed.

Each version of the proposed amendment says there must be a “compelling governmental interest” for abortion restrictions to be put in place. But while some allow the legislature to regulate abortion after “fetal viability,” others draw the line at 24 weeks of gestation.

Some versions make it clear the state can enact parental consent laws for minors seeking abortions. Others leave the topic out entirely.

Under Missouri law, Ashcroft had up to 56 days to obtain certifications of the form and fiscal note, write a ballot title and certify the petition for circulation.

Attorney General Andrew Bailey tested his authority during that process, refusing to certify the fiscal note summary written by Fitzpatrick until the Missouri Supreme Court ruled in July that his role was limited to determining whether it fit the form required by law.

With legal backing of the ACLU of Missouri, Fitz-James sued Ashcroft over his ballot titles. That led to Beetem’s ruling on Sept. 25 and the subsequent appeal.

In a statement issued Tuesday, the ACLU called the appeals court ruling a complete victory.

“Today, the courts upheld Missourians’ constitutional right to direct democracy over the self-serving attacks of politicians desperately seeking to climb the political ladder,” the statement read. “The decision from Missouri Court of Appeals is a complete rebuke of the combined efforts from the Attorney General and Secretary of State to interfere and deny Missourian’s their right to initiative process.”

Ashcroft said in a statement that Missouri courts “refused to allow the truth to be known. The Western District essentially approved the language that was entirely rewritten by Judge Beetem. Not only is the language misleading but it is categorically false. The circuit court’s opinion admits the real issue is about abortion. The Western District today continued to gloss over the issue in its affirmation. We stand by our language and believe it fairly and accurately reflects the scope and magnitude of each petition.”...