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Missouri Supreme Court: Voters’ Rights Not Burdened By Limiting Their Choice To Only One Candidate

Missouri Supreme Court: Voters’ Rights Not Burdened By Limiting Their Choice To Only One Candidate

In a sharply divided 4-3 opinion the Missouri Supreme Court has ruled that the only choice listed on the ballot for voters in the State House District 76 will be their incumbent State Representative, Joshua Peters. Peters had been facing competition from political activist Rachel Johns, but Peters sued to have his opposition removed from the ballot, arguing that when the election takes place this fall Johns will only have been a registered voter for twenty-one months and state law…

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To Fix a Broken Standard

To Fix a Broken Standard

  Missouri is facing an unusual problem. On the one hand, the state supreme court has held that laws affecting fundamental rights must be reviewed under the “strict scrutiny” standard.  Ordinarily this would be excellent news, because strict scrutiny is supposed to represent the very highest level of judicial protection for constitutional rights. This standard requires the court applying it to (1) presume that a law restricting a constitutional right is unconstitutional, (2) requires the government to present a compelling…

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PRESS RELEASE: Missouri Supreme Court Defies Voters, Effectively Nullifies Amendment 5

PRESS RELEASE: Missouri Supreme Court Defies Voters, Effectively Nullifies Amendment 5

  FOR IMMEDIATE RELEASE:    February 9, 2016 CONTACT:  Dave Roland Missouri Supreme Court Defies Voters, Rules Amendment 5 “Worked No Substantial Change” in Missouri Constitution  Mexico, Missouri—By a 5-2 margin, a majority of the Missouri Supreme Court’s judges have effectively nullified a state constitutional amendment approved by more than sixty percent of voters in 2014.  Amendment 5, as the measure was known, made major textual changes to Article I, section 23 of the Missouri Constitution and was designed to establish the…

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