Cole County Circuit Judge Dan Green on Thursday dismissed, with prejudice, the ACLU lawsuit challenging Secretary of State Jay Ashcroft's decision to reject its petition seeking a statewide referendum on the new abortion restrictions law.
"With prejudice" means the ACLU can't file the same claims again.
Meanwhile, Jefferson City lawyer Lowell Pearson, representing Joplin businessman David Humphreys and the separate Committee to Protect the Rights of Victims of Rape & Incest, filed a 19-page motion amending his original lawsuit.
The ACLU and Humphrey's lawsuits had asked for a temporary restraining order and a permanent injunction, ordering Ashcroft to approve the form of the petitions, write a ballot title and approve the petitions for circulation to gather voters' signatures to place the issue before voters.
But Green ruled Tuesday the two suits should have asked for a "writ of mandamus" rather than the restraining order and injunction.
ACLU Legal Director Tony Rothert told the News Tribune on Thursday his organization decided not to file an amended lawsuit and instead appeal Green's dismissal of their case to the court of appeals in Kansas City.
Meanwhile, Pearson's amended pleading on behalf of Humphreys and the Rights of Victims committee made the same basic argument as the previous suit filed a week ago, and added a section seeking the "writ of mandamus" because, "in the June 10 (court) hearing, the position of the State was that mandamus is the only remedy, and the Court accepted that argument."
The amended lawsuit still names Ashcroft, Attorney General Eric Schmitt and State Auditor Nicole Galloway as defendants - all in their official capacities, only - because of the roles state laws require them to play in handling proposed petitions.
Pearson wrote they "maintain a clear, unequivocal, non-discretionary legal duty to comply with the ministerial required by the Missouri Revised Statutes."
Ashcroft said a week ago he had no choice but to reject the petitions, because the new law (House Bill 126) includes one section with an "emergency clause" that made it become law as soon as Gov. Mike Parson signed the bill May 24 - and the state Constitution says a referendum can't be used on laws that already are in effect.
Ashcroft also told reporters June 6 his office made the decision to block the petitions, and neither the attorney general nor state auditor were involved in making it.
But, Pearson and the ACLU had argued, only the courts can determine whether an emergency clause really applied, and Ashcroft, Schmitt and Galloway don't have the authority to block a petition based on an emergency clause.
Pearson wrote Humphreys and the committee "seek only to mandate the performance of these statutory duties. (They) maintain an existing, clear, unconditional right to have these statutory duties performed."
Green scheduled another hearing in the case for Monday afternoon.