Judge dismisses restraining order requests against Secretary of State
JEFFERSON CITY - A Cole County judge dismissed the second of two requests for a restraining order against Secretary of State Jay Ashcroft on Friday, a day after dismissing the first.
The petitions were filed by the ACLU of Missouri and Joplin businessman David Humphreys on June 6 and 7, respectively. This happened after Ashcroft announced he would reject two petitions for a referendum on whether to overturn Missouri's new abortion law.
Ashcroft denied the two petitions, as well as a third a few days later, on the grounds that because the law has an emergency clause, meaning part of it went into effect immediately, the law isn't subject to a referendum.
Judge Daniel Green dismissed the ACLU's request with prejudice, meaning the ACLU cannot re-file.
The dismissal of Humphreys' request was without prejudice, so he can re-file. In his order, Green said the only way for Humphreys to get a reversal on Ashcroft's decision would be an action "in mandamus," meaning an order from the court to a government official to fulfill their official duties. Green added, however, he didn't think an order in mandamus should be granted, and dismissed the case.