Split decision in court, but anti-stem group drops effort until 2010
Today, the Missouri Western District Court of Appeals issued its decision regarding the disputed ballot summary language that Secretary of State Robin Carnahan had issued for a proposed constitutional amendment aimed at barring some of the types of embryonic stem-cell research now allowed under Amendment 2.
For the most part, the court sided with Carnahan. It did change one word of her summary, by substituting “change” for “repeal.”
Otherwise, the court said that her summary was “within acceptable boundaries and does not misinform or mislead the voters regarding the purpose, effects, or consequences of the amendment.”
Carnahan and her staff is happy. “This ruling validates our summary statement as fair and accurate, while only replacing one word. Missourians deserve to be able to clearly understand what they are voting for, and our office will continue to work to ensure fairness and integrity in all aspects of the elections process,” she said in a statement.
Opponents were not. Although the Missouri Cures Without Cloning Initiative Campaign (CWC) claimed “a partial legal victory,” the group added, “We are disappointed the court upheld the unsubstantiated prediction that this amendment would limit patients’ access to stem cell cures and treatments.
“There is no basis for this assertion,” the group said in a statement. “We are evaluating our options regarding appeal to the Missouri Supreme Court and pursuing relief from the Secretary of State for violation of our constitutional rights.”
Chairwoman Lori Buffa, a medical doctor, said the upshot was that the group would have to wait until 2010 to try again.
“While there is some satisfaction from today’s decision, the deadline to submit the approximately 150,000 signatures necessary to place the measure on the November 2008 ballot is Sunday,” she said. “Clearly, it has been the intent of Robin Carnahan and those who support human cloning in our state to abuse the initiative process and prohibit us from placing a true ban on human cloning on the ballot. However, justice delayed will not be justice denied. CWC will continue our educational efforts throughout this year and resubmit our initiative in November. Hopefully, by this time next year our vast organization of trained volunteer circulators will be collecting signatures for the 2010 election cycle…”
Siding with Carnahan was the Missouri Coalition for Lifesaving Cures, which led the 2006 effort to win statewide approval of Amendment 2.
In a statement, the group said it “applauds today’s court ruling, which is a victory for patients and their families who are in need of medical treatments and cures.
“The decision protects the voters’ right to know the harmful impact that the proposed initiative by stem cell research opponents would have on Missouri and the quality of health care available to our citizens. If successful, this dangerous proposal would imprison doctors, scientists and patients merely for seeking to cure afflictions affecting our loved ones, friends and fellow Missourians. And if treatments and cures were found in other states, they would be denied to patients here in Missouri.
“The Missouri Court of Appeals Western District in Kansas City recognizes that the Secretary of State’s ballot summary captured the harmful effects of the proposed initiative….”
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I had heard this is the first time that a Missouri Secretary of State has had a ballot summary rewritten by an appeals court. Anyone know if that is correct?