(The Center Square) – The American Civil Liberties Union of Missouri on Wednesday took legal action against Republican Missouri Attorney General Andrew Bailey for not obeying a court order within the required 24 hours.
Cole County Circuit Court Judge Jon Beetem ruled on Tuesday Bailey must approve the fiscal notes required before signatures can be obtained to put 11 initiatives on the ballot focusing on reversing Missouri’s abortion laws. Bailey stated he’s appealing Beetem’s ruling.
Bailey was in Washington, D.C. on Wednesday to testify on the federal government’s response to coronavirus before a congressional subcommittee.
In a motion filed requesting a special order to enforce judgment, the ACLU argued Bailey can’t evade Beetem’s order by filing a notice of appeal.
“Even after a court loses jurisdiction ‘to correct, amend, vacate, reopen or modify a judgment,’ a court is not prevented ‘from enforcing its judgment as originally entered,’” the motion states, quoting previous case law.
The ACLU acknowledged in their motion their request to force Bailey to comply would be set aside only if the Missouri Supreme Court would issue a stay in favor of the attorney general.
“Every day the time for signature collection is delayed, the cost of gathering enough signatures to get a measure before voters increases and the feasibility decreases,” the motion stated.
The attorney general’s office did not immediately return The Center Square’s request for comment on the ACLU’s motion.
